Venue

Question 1

Rule 12(b)

Answer 1

improper venue

Question 2

What is venue?

Answer 2

where case will be filed within chosen court system (divided by federal districts) i.e. Northern District of New York

Question 3

Q. How is venue similar to personal and subject matter jurisdiction?

Answer 3

identifies right court for case; procedural defenses (not on the merits)

Question 4

Q. How is venue different from both personal and subject matter jurisdiction?

Answer 4

Unlike jurisdiction, venue is purely statutory, not constitutional. Federal law” says nothing about venue in a civil case in a state court.

Question 5

If you are a defense attorney and believe you may be able to get a case dismissed because of a problem with personal jurisdiction, or venue, or sufficiency of process, or service of process, those objections and defenses will be waived if you do not notify the plaintiff’s lawyer and the court in writing within ___________ after the day your client is served.

Answer 5

6 weeks

Question 6

Which is the worst mistake that a party can make?
- Filing in a court with no SMJ
- Filing in a court with no PJ
- Filing in a court wo proper venue

Answer 6

Filing in a court with no SMJ because the D can wait until SOL has expired (too late for P to file case again). Problems with PJ and proper venue can usually be fixed via transfer while this will never work to fix SMJ.

Question 7

How is venue like personal jurisdiction?

Answer 7

It may be waived by the defendant, either intentionally (e.g., forum selection clauses) or by not raising it promptly. It relates to geography and defines where the suit may be brought (in which part of the country).

Question 8

1390 – Scope

Answer 8

This chapter shall not determine the district court to which a civil action pending in a State court may be removed, but shall govern the transfer of an action so removed as between districts and divisions of the United States district courts

Question 9

1391(a) – venue generally

Answer 9

(1) this section shall govern the venue of all civil actions brought in district courts of the United States; and
(2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature.

Question 10

1391(b)

Answer 10

Venue in General.— A civil action may be brought in—
(1) a judicial district in which any D resides, if all Ds are residents of the State in which the district is located [general jurisdiction];
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred [specific jurisdiction]
(3) if there is no district in which an action may be brought as provided in this section, any judicial district in which any D is subject to the court’s PJ with respect to such action.

Question 11

1391(c)

Answer 11

Residency:
(1) natural person is deemed to reside where they are domiciled
(2) entity is deemed to reside in any judicial district in which D is subject to PJ
(3) a D not resident in U.S.

Question 12

1391(d)

Answer 12

Residency of Corporations in States With Multiple Districts.
Such corporation shall be deemed to reside in any district in that State where its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts.