Lesson 3: Venue, Notice, Choice of Law

Question 1

Venue-Diversity Jurisdiction Cases (28 USC 1391a)

Answer 1

In diversity cases, venue is proper only in a judicial district where: (1) any defendant resides, if all defendants reside in the same state; (2) a substantial part of the events or omissions giving rise to the claim occurred; or (3) the defendants are subject to personal jurisdiction at the time the action is commenced if there is no other district in which the action may otherwise be brought.

Question 2

Venue-Federal Question Jurisdiction (28 USC 1391b)

Answer 2

In federal question cases, venue is proper in the judicial district where: (1) any defendant resides, if all defendants reside in the same state; (2) a substantial part of the events or omissions giving rise to the claim occurred; or (3) any defendant may be found, if there is no district in which the action may otherwise be brought.

Question 3

Corporation’s Residence for Venue Purposes (28 USC 1391c)

Answer 3

Any district where it is subject to personal jurisdiction at the time the action is commenced.

Question 4

Service of Process-Rule of Mullane v. Central Hanover Bank

Answer 4

Mullane v.Central Hanover Bank held that the Due Process Clause requires notice to be given in such a manner as is reasonably calculated under all the circumstances to apprise the interested parties of the pendency of the action against them and afford them an opportunity to present their objections.

Question 5

Erie Doctrine (and case)

Answer 5

Eire Railroad v. Tompkins: Where federal law does not govern the suit, federal courts must apply state substantive law, but are free to apply federal procedural law. The twin aims of the Erie doctrine are (1) to discourage “forum shopping” and (2) to avoid inequitable administration of the law.

Question 6

Modern Choice of Law Rules (and case)

Answer 6

Hanna v. Plumer

1. Constitution-The Constitution governs
2. Federal Statute-the federal statute governs if “arguably procedural”
3. Federal Rules of Civil Procedure-The Federal Rules of Civil Procedure govern
4. Federal Judicial Practice federal law applies unless it would counter the twin aims of the Erie doctrine