This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: Venueâ€”Where you try the case, and in which court you bring suit. Proper Venue Under Â§ 1391 1) Venue provides a more precise geographical location for a suit than does personal jurisdiction. a) Â§ 1391(a) deals with venue requirements for Diversity Jurisdiction b) Â§ 1391(b) deals with venue requirements for Federal Question 2) How to determine residency a) People i) Majority Ruleâ€”resides means â€śdomicileâ€ť ii) Minority Ruleâ€”resides means â€śresidenceâ€ť b) Corporate Residence = any district in which the corporation is subject to personal jurisdiction (USC Â§ 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 Â§ 1391(d) 3) Whether venue is proper under Â§ 1391(a),(b) summarized below Basis for Venue SMJ: Diversity Â§ 1332 SMJ: Federal Question Â§ 1331 District where any Î” resides if all reside in same state (where does a corporation reside? Â§ 1331(c)) Â§ 1391(a/b)(1) Yes Yes Location of substantial part of events or omissions giving rise to the claim, etc....
View Full Document
- Spring '08
- Personal jurisdiction, Venue