CIVPROnotesSEP29 - CIVPROnotesSEP29 Pavolovich(early effort...

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CIVPROnotesSEP29 Pavolovich (early effort by courts w/ regard to copyright infringe and interwebs Passive/active distinction Issue hinges on effects test D didn’t direct people on how to use SW Didn’t know if potential users were in CA What @ foreseeability (SOC analysis: potential use in forum) D: I was ignorant @ any harm to individuals Creating an Internet Web site, like placing a product into the stream of commerce, may be felt nationwide, or even worldwide, but, without more, it is not an act purposefully directed toward the forum state Trade mark dilution (LL Bean) Had enough activity in CA to create a genjur Venue and 1391 The 3 rd Ring – Venue Venue further restricts where the P can bring suit. 28 U.S.C. §1391 the federal venue statute: o §1391(a) governs venue in diversity cases; authorizes venue in: (1) a judicial district where any D resides, if all Ds reside in same state Majority Domicile = Residence Minority a person may reside in more than one district even though she is domiciled in only one for diversity purposes (2) a judicial district in which a substantial part of the events occurred, or a
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This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

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CIVPROnotesSEP29 - CIVPROnotesSEP29 Pavolovich(early effort...

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