Federal statutes

Question 1

28 U.S.C. § 1391: Venue Generally

(if found on diversity)

Answer 1

A civil action wherein jurisdiction if found on diversity of citizenship may be brought only in a judicial district:

1. Where any D resides, if all Ds reside in the same state
2. Which substantial part of 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
3. Any D is subject to PJ at the time the action is commence, if there is no district in which the action may otherwise be brought

Question 2

28 U.S.C. § 1391: Venue Generally

(if not found solely on diversity)

Answer 2

Civil action wherein jurisdiction is not found solely on diversity of citizenship may be brought only in a judicial district:

1. Where any D resides, if all Ds reside in the same state
2. Which substantial part of 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
3. Any D may be found, if there is no district in which the action may otherwise be brought

Question 3

28 U.S.C. § 1391: Venue Generally
Corporation

Answer 3

Corporation resides in any judicial district in which it is subject to PJ at time action is commenced

• Contacts sufficient to subject to PJ

Question 4

Forum non convenience (case law)

Answer 4

• When the court applies it the case is dismissed
• Improper forum

Question 5

28 U.S.C. § 1404: Change of Venue

Answer 5

• District may transfer any civil action to any other district where it might have been brought
• Way for cases to be moved through the federal court without having to dismiss the case
• District court judge has more discretion
• Fine here but want to transfers

Question 6

28 U.S.C. § 1406: Cure or Waiver of Defects

Answer 6

• District court which is filed a case laying venue in the wrong district shall dismiss or transfer such case to any district in which it could have been brought

Question 7

28 U.S.C. § 1631: Transfer to Cure Want of Jurisdiction

Answer 7

• The court shall transfer such action or appeal to any other court in which the action or appeal could have been brought at the time it was filed

Question 8

28 U.S.C. § 1367: (the part dealing with joinder)

Answer 8

• Supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties
• Diversity is destroyed under some joinder
• No supplemental jurisdiction by Ps under rule 20 when exercise supplemental would be inconsistent with 1332