Venue

Question 1

What is venue?

Answer 1

Venue determines the judicial district in which a lawsuit may be filed or commenced.

Question 2

Under what 3 circumstances is venue proper?

Answer 2

Venue is proper in a judicial district where
1) ANY defendant resided, IF all defendants reside in the same state;
2) A substantial part of the events or omissions giving rise to the claim occured or a substantial part of the property that is subject to the action is located; OR
3) If there is no district where 1 and 2 are satisfied then a judicial district where any defendant is subject to personal jurisdiction.

Question 3

For venue purposes, where is an individual’s residence?

Answer 3

An individual is deemed to reside in the judicial district where he is domiciled.

Question 4

For venue purposes, where is a business entity domiciled?

Answer 4

A business entity is deemed to reside in any judicial district where the entity is subject to personal jurisdiction

Question 5

For purposes of venue, where is a foreign citizen deemed to reside?

Answer 5

A defendant who is not a resident of the U.S may be sued in ANY judicial district