Venue Flashcards
What statute covers venue’s general rules?
28 U.S.C. § 1391
What does 28 U.S.C. § 1391 say?
28 U.S.C. § 1391(a) is not included.
28 U.S.C. § 1391(b)(1): a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
28 U.S.C. § 1391(b)(2): a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
o 28 U.S.C. § 1391(b)(3): if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.
28 U.S.C. § 1391(c)(1): a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled;
o 28 U.S.C. § 1391(c)(2): an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and
What does 28 U.S.C. § 1391(b)(1) mean?
EXAMPLE: It is proper to lay venue in any district in California in which anyone defendant resides as long as all the defendants reside in California.
What does 28 U.S.C. § 1391(b)(2) mean?
EXAMPLE: It is proper to lay venue in any judicial district in which a substantial part of the claim occurred or is situated (in the case) of property.
–Ask yourself how substantial is substantial enough though.
What does 28 U.S.C. § 1391(b)(3) mean?
If there is no district that can satisfy either 28 U.S.C. § 1391(b)(1) or 28 U.S.C. § 1391(b)(2), then you may lay venue in any judicial district in which any defendant is subject to the court’s personal jurisdiction respect to such action.
This is an absolute last resort and almost never applies unless it involves a non-resident who committed an act outside of the United States.
What does 28 U.S.C. § 1391(c)(1) mean?
A natural person is a resident for purposes of venue wherever they are domiciled.
What does 28 U.S.C. § 1391(c)(2) mean?
A business (e.g., a corporation or LLC) is a resident for purposes of venue wherever they are subject to court’s personal jurisdiction with respect to the act in question or, if they are a plaintiff, only in the judicial district where their principal place of business is.
What should you always do when doing a venue analysis for a business?
You always have to do a personal jurisdiction analysis when doing a venue analysis for a business.
What statutes cover the rules for transferring venue?
- 28 U.S.C. § 1404(a)
- 28 U.S.C. § 1406(a)
What does 28 U.S.C. § 1404(a) state?
28 U.S.C. § 1404(a): For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
When do you use 28 U.S.C. § 1404(a) to transfer venue?
You use 28 U.S.C. § 1404(a) to transfer venue when the original venue is proper.
What does 28 U.S.C. § 1406(a) state?
28 U.S.C. § 1406(a): The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
When do you use 28 U.S.C. § 1406(a) to transfer venue?
You use 28 U.S.C. § 1406(a) to transfer venue if the original venue is not proper.
