1404 A Is A Penalty For The Plaintiff
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
19513_homeschool_coop_transfer · CIVIL_PROCEDURE · Choice AState B's choice-of-law rules, because the transferee court always starts fresh.
Why it's attractive
Van Dusen carries the transferor's state law after a § 1404(a) transfer from a proper forum.
Why it's wrong
Van Dusen carries the transferor's state law after a § 1404(a) transfer from a proper forum.
19513_homeschool_coop_transfer · CIVIL_PROCEDURE · Choice CFederal common-law choice rules.
Why it's attractive
Klaxon provides that state law supplies the choice-of-law rules; Van Dusen provides that the transferor's state law applies after a § 1404(a) transfer.
Why it's wrong
Klaxon provides that state law supplies the choice-of-law rules; Van Dusen provides that the transferor's state law applies after a § 1404(a) transfer.
19513_homeschool_coop_transfer · CIVIL_PROCEDURE · Choice DThe state law least favorable to the plaintiff.
Why it's attractive
§ 1404(a) is not a penalty; the rule prevents the defendant from getting a law change.
Why it's wrong
§ 1404(a) is not a penalty; the rule prevents the defendant from getting a law change.
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