Venue Flashcards
Venue
Identifies where suit should be held in reference to district or county
Jackson v. Reid
A venue is improper if the locus in quo was only home to insignificant part of transaction.
transactional-venue principles
Courts must analyze 1) the nature of the COA and 2) the place where the COA sprang into existence (Third part: if direct and definite bearing)
§1391 A
General Federal Venue Statute A. Applicability of section. Except otherwise provided by law
1. This section shall govern the venue of all civil actions brought in the DC of the US; and 2. The proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature
Neb. §25-401
Any action, other than 25-401 to 25-403, may be brought
1. In the county where any ∆ arises
2. In the CO. where COA arises
3. In CO where the transaction or some part of the transaction occurred out of which the COA arose
4. If all ∆ nonresidents of this state, in any county.
Local actions: injury occurred in one place involving title or injury to land. Real estate.
Neb. §25-403.02
- Corporation is a resident where has registered office or other office doing business
- Partnership is resident where partner resides or where partnership has office
- Association resident where has office
- LTD same
Transitory actions: injury could happen anywhere, not involving title or injury to land. Venue; residency; determination
Neb. §25-402
Real estate in many CO
§1391 B
- A judicial district in which any ∆ resides, if all ∆ are residents of the State in which the district is located
- A judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is subject to the action is situated
- If there is no district in which an action may be brought and judicial district in which any of the ∆ is subject to the courts PJ with respect to such action
§1391 C
A. Residency. For all venue purposes -
1. A natural person including lawful aliens is resident where domiciled 2. An entity (incorporated or not) can is resident in and district where PJ, if π then only in that district with principal place of business 3. A ∆ that is not resident may be sued in any D, and joinder shall be disregarded in determination of action
§1391 D
A. Residency of corporation in States with multiple D is resident where has PJ and sufficient or substantial contacts