Venue

Question 1

U.S.C. Title 28, Ch. 87 - § 1391 (a)(1) & (a)(2)

Answer 1

(a) Except otherwise provided by law -
(1) This section shall govern the venue of all CIVIL actions brought into DISTRICT courts of the United States, AND

(2) the proper venue for a CIVIL action shall be determined w/o regard to whether the action is local or transitory in nature.
- aka: FUCK LOOKING AT GEN.JD OR SPEC.JD RN….or how the event occurred

Question 2

U.S.C. Title 28, Ch. 87 - § 1391 (b)(1)

Answer 2

(b) a civil action may be brought in -

(1) ANY judicial district in which any defendant resides, ONLY IF all Ds are residents of the State in which the district is located.
- D’s residency or if all Ds live in the same state

Question 3

How to Apply U.S.C. Title 28, Ch. 87 - § 1391 (b)(1-3)

Answer 3

(1) Can only use (1) (residence of any D) if ALL D’s reside in the same state
- When det. “residence” for a biz under (1) remember a corp. “resides” in any district where subject to PJ

(2) Focuses on the events or property giving rise to the claim
- need to know how the claim arose

(3) You can only use § 1391 (b)(3) IF (1) & (2) DON’T QUALIFY
- Usually #3 only applies if the events or property giving rise to the claim are NOT in US

Question 4

U.S.C. Title 28, Ch. 87 - § 1391 (c)(1)

Answer 4

(c) Residency: For all venue purposes -

(1) A natural person, including lawful alien, shall be deemed to reside in the judicial district in which that person is domiciled.
- Compare “crashing on a couch for a week or two” v. “having mail forwarded to friend’s address”

Question 5

U.S.C. Title 28, Ch. 87 - § 1391 (d)

Answer 5

(d) Residence of Corps. in States with Multiple Districts -

• If a Corp. falls w/i more than one district AND is subj. to Per.JD at the time suit is filed:
  &laquo_space;It shall be deemed to reside in any district in that State where ITS CONTACTS WOULD BE SUFFICIENT TO SUBJECT IT TO PER.JD IF THAT DISTRICT WERE IN A SEPERATE STATE
  «&laquo_space;BUT if there is no such district, they shall be deemed to reside in the district w/i which its contacts are MOST significant

Question 6

U.S.C. Title 28, Ch. 87 - § 1391 (c)(2)

Answer 6

(c) Residency: For all venue purposes -
(2) An ENTITY with the capacity to sue and be sued shall be deemed to reside in ANY district in which the D is subject to the court’s PJ, with respect to the civil action in question.

• Doesn’t matter if incorporated or not.
• ONLY APPLIES WHEN ENTITY IS BEING SUED
• If the entity is P, can only sue in district of their PPB

Question 7

U.S.C. Title 28, Ch. 87 - § 1391 (c)(3)

Answer 7

(c) Residency: For all venue purposes -
(3) a D non-resident of the US may be used in any district, and the joinder of such a D shall be disregarded in det. where the action MAY be brought w/ respect to other Ds.

Question 8

U.S.C. Title 28, Ch. 87 - § 1391 (b)(2)

Answer 8

(b) a civil action may be brought in -
(2) A 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 the subject of the action is situated
- Events & Property

Question 9

U.S.C. Title 28, Ch. 87 - § 1391 (b)(3)

Answer 9

(b) a civil action may be brought in -
(3) IF there is no district in which an action may otherwise be brought, any district in which any D is subject to the Court’s Per.JD w/ respect to such action.

• Usually for I’ntl cases
• This is fall back if (1) and (2) can’t be satisfied