Venue

Question 1

What is Venue?

Answer 1

Not whether the case can be court, but rather WHERE can the case take place

Question 2

When is Venue Proper? (3)

Answer 2

Venue is proper for a federal civil action if it is filed in:
(1) “A judicial district in which a defendant resides”
(2) “A judicial district in which a substantial part of the events…giving rise to the claim occurred” OR
(3) If none of the above exists, “any judicial district in which any defendant is subject to the court’s personal jurisdiction

Question 3

Subject Matter v. Venue:

Answer 3

1. Subject Matter Jurisdiction or Personal Jurisdiction defects get dismissed (higher stakes)
2. Venue is usually that the remedy is a transfer to the appropriate venue (lower stakes)