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Venue - Venue—Where you try the case and in which court...

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Unformatted text preview: Venue—Where you try the case, and in which court you bring suit. Proper Venue Under § 1391 1) Venue provides a more precise geographical location for a suit than does personal jurisdiction. a) § 1391(a) deals with venue requirements for Diversity Jurisdiction b) § 1391(b) deals with venue requirements for Federal Question 2) How to determine residency a) People i) Majority Rule—resides means “domicile” ii) Minority Rule—resides means “residence” b) Corporate Residence = any district in which the corporation is subject to personal jurisdiction (USC § 1391(c)) i) Place of incorporation ii) Principle place of business iii) States with multiple districts: (1) Apply Minimum Contacts test c) Aliens may be sued in any district see § 1391(d) 3) Whether venue is proper under § 1391(a),(b) summarized below Basis for Venue SMJ: Diversity § 1332 SMJ: Federal Question § 1331 District where any Δ resides if all reside in same state (where does a corporation reside? § 1331(c)) § 1391(a/b)(1) Yes Yes Location of substantial part of events or omissions giving rise to the claim, etc....
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Venue - Venue—Where you try the case and in which court...

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