![]() ![]() If venue is improper, then the court has two choices under section 1406. 1406 and FRCP 12(b)(3) based on improper venue. In deciding the motion, the court will consider whether venue is proper (see above re proper venue). What happens when venue under 1391 is improper? Then the D has the right to seek dismissal for improper venue under 28 U.S.C. Here’s a follow-up exercise: Prepare answers for study questions on “basic venue.” Transfer & dismissal What are the functions of 1391(c) and (d)? Note that the primary function of these subsections is to determine where a party “resides” for venue purposes. What if you wanted to sue D1 and D2 for a car accident occurring in Tijuana, Mexico? Read the statute, find the answer. 1391(b)(3): it’s a fallback that applies only when 1391(b)(1) and (b)(2) create no venue.What if the accident involving D1 (Los Angeles) and D2 (Miami) happened in Las Vegas? Read the statute, find the answer. 1391(b)(2): looks to where substantial events, omissions, or property is located.What if D1 resides in Los Angeles and D2 resides in Miami? Does 1391(b)(1) apply? Read the statute, find the answer. 1391(b)(1): looks to where defendants reside.Section 1391(b) is the heart of the venue statute. 1400 (patents and copyrights) and 28 U.S.C. Examples of specialized statutes regarding venue would be 28 U.S.C. ![]() Section 1391 is the default venue statute and determines proper venue, unless another specialized venue statute applies. Thus, Florida has three districts, Texas has five, and Nevada has one. See the official district court map from the U.S. Although there are 50 states in the USA, the federal district court system has 94 districts. Whereas PJ typically looks to state boundaries, venue looks to district boundaries. Section 1390(a) defines venue as “the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts in general, and does not refer to any grant or restriction of subject-matter jurisdiction providing for a civil action to be adjudicated only by the district court for a particular district or districts.” ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |