Venue Flashcards
What is the first requirement of Venue?
SMJ & PJ
28 U.S.C. 1391(b)(1)
Venue can be defendants residence (domicile within c1 meaning)[c1 defendants must reside in same state or b1 is n/a] for businesses (places w PJ / minimum contacts under c2 meaning) inc, hq, and produced and sold (under c3 if not legal resident of the US then they can be sued in any district and nothing else matters)
28 U.S.C. 1391(b)(2)
Venue can be where substantial events took place for D. Ex. Where product was made or sold
28 U.S.C. 1391(b)(3)
N/A if b1 or b2 exist but otherwise… any area where subject to personal jurisdiction
Where may Venue Transfer?
1391(b)(1) Residence (Domicile within (c1) for person ‘even legal alien’ domicile,(c2) for business where they have minimum contacts,(c3) if illegal alien may be sued anywhere
1391 (b)(2) Where substantial parts of events occurred
1391 (b)(3) if no (b1) or (b2) may be brought anywhere the defendant is subject to personal jurisdiction.