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CIVIL PROCEDURE CLASS 38

CIVIL PROCEDURE CLASS 38. Professor Fischer Columbus School of Law The Catholic University of America November 21, 2003. Practice Exercise 29. Internet Jurisdiction – CB p. 773. On to Venue - .

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CIVIL PROCEDURE CLASS 38

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  1. CIVIL PROCEDURE CLASS 38 Professor Fischer Columbus School of Law The Catholic University of America November 21, 2003

  2. Practice Exercise 29 • Internet Jurisdiction – CB p. 773

  3. On to Venue - • Venue is the third of Glannon’s “3 rings” that limit Ps choice of forum. What are the other two rings? • Why is venue required?

  4. VENUE • Based on fundamental notions of fairness • There are venue rules for state courts and federal courts (usually statutory). • TO THINK ABOUT: Do the venue rules adequately protect defendants?

  5. Venue Rules in General Are Based on Logical Relationship to the Forum • Examples:-- • Where the cause of action arose • Location of property or event that is the subject matter of the action • Where D resides, does business or retains an office

  6. VENUE REQUIREMENTS ARE PURELY STATUTORY • What is the general federal venue statute?

  7. VENUE REQUIREMENTS ARE PURELY STATUTORY • What is the general federal venue statute? • 28 U.S.C. §1391

  8. VENUE IN FEDERAL DIVERSITY ACTIONS • Under 28 U.S.C. §1391, where can venue lie in a federal diversity action where the defendant(s) is/are natural person(s)?

  9. §1391(a) VENUE IN FEDERAL DIVERSITY ACTIONS: NATURAL PERSONS • In a judicial district • (1) Where any D resides (if all reside in the same state) • (2) Where a substantial part of events/omissions giving rise to claim occurred; or where substantial part of property that is the subject of the action is located • (3) If (1) or (2) don’t apply, district in which any D is subject to p.j.

  10. MEANING OF RESIDENCE • If a D, Thomas resides in Roanoke, VA and the events giving rise to the claim occurred in France, in which federal judicial district(s) would venue lie under 1391(a)(1) • What about if there was also another D, Martha, who lived in Richmond?

  11. MEANING OF RESIDENCE • What if Thomas (resident of Roanoke) also has an beach house in Ocean City Maryland?

  12. MEANING OF RESIDENCE • Should “residence” for venue purposes be equated with domicile or citizenship for diversity purposes? • Compare ex parte Shaw, 145 U.S. 444, 447 (892) (dictum that residence and citizenship are the same) with convenience rationale for venue. Most courts seem to follow Shaw, but this is unresolved.

  13. §1391(b) VENUE IN FEDERAL QUESTION ACTIONS • Under 28 U.S.C. §1391, where can venue lie in a federal question action where the defendant(s) is/are natural person(s)? • Is this different from diversity actions?

  14. §1391(b) VENUE IN FEDERAL QUESTION ACTIONS • In a judicial district • (1) Where any D resides (if all reside in the same state) • (2) Where a substantial part of events/omissions giving rise to claim occurred; or where substantial part of property that is the subject of the action is located • (3) If (1) or (2) don’t apply, district in which any Dmay be found

  15. Difference in Fallback Provisions of 1391(a)(3) and 1391(b)(3) • What is the difference between “subject to personal jurisdiction” [1391(a)(3)] and “may be found” [1391(b)(3)]?

  16. Difference in Fallback Provisions of 1391(a)(3) and 1391(b)(3) • What is the difference between “subject to personal jurisdiction” [1391(a)(3)] and “may be found” [1391(b)(3)]? • Unclear - perhaps “may be found” requires jurisdiction based on physical presence as opposed to minimum contacts; perhaps these two phrases mean the same thing

  17. VENUE FOR CORPORATIONS • Where does venue lie if a defendant is a corporation? Cite the relevant provision(s) of the federal venue statute.

  18. VENUE FOR CORPORATIONSSection 1391(a), (b), (c) • A corporation is deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced • If the state has more than one judicial district, corporation is deemed to reside in any district within the state in which its contacts would subject it to p.j. if that district were a separate state; if no such district, where it has most significant contacts

  19. VENUE FOR ALIENS • Where does venue lie for alien defendants? Cite the relevant provision of the federal venue statute.

  20. VENUE FOR ALIENS • Section 1391(d) provides that “an alien may be sued in any district”

  21. OBJECTING TO VENUE? • Is this waivable (like personal jurisdiction)?

  22. OBJECTING TO VENUE • Waivable if not made in timely manner – see FRCP R. 12(1) • 28 U.S.C. § 1406 - The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.

  23. VENUE AND COLLATERAL ATTACK • “Unlike personal jurisdiction, proper venue is not a constitutional requirement for a valid judgment, and thus cannot be raised by way of collateral attack” (CB p. 783)

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