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Hoffman v. Blaski
As a reminder, these are the four questions (in case you're wondering, yes, my wife is Jewish):
(1) Must the federal district court transfer or dismiss? The answer here is easy to state: A federal district court must either transfer or dismiss if venue is improper or if it cannot exercise jurisdiction over the person/property (either one).
(2) May the federal court transfer, or must it dismiss? The answer depends on whether another federal district exists in which venue is proper and jurisdiction over the person/property is present. If so, the federal court may transfer. If not, it cannot do so, so that if the answer to (1) is "yes" (meaning the court must transfer or dismiss but cannot transfer), then the court must dismiss.
(3) If the federal court need not transfer (#1 is "no"), but may transfer (#2 is "yes"), should it transfer? The answer here is easy to state: apply the forum non conveniens factors.
(4) If the federal court transfers, what consequences are there for the applicable law? The answer here is not easy to state. You need the Greiner Happy Court rule.
You also need to understand how the presence of a forum selection clause alters the answers to questions (3) and (4).
This case concerns question (2).
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