Transcript CIVIL PROCEDURE CLASS 38 Professor Fischer Columbus School of Law

CIVIL PROCEDURE CLASS 38
Professor Fischer
Columbus School of Law
The Catholic University of America
November 22, 2002
ANNOUNCEMENTS
The Classic Movie To Kill a Mockingbird
Will Be Shown in Room 213 at 4:00
p.m.
WRAP-UP OF LAST CLASS
We wrapped up our study of personal
jurisdiction by considering the question of
when there will be proper notice.
WHAT WILL WE DO TODAY?
Learn about the venue requirement and the
the federal venue statute
Review Practice Exercises 27 and 28
On to Venue Venue is the third of Glannon’s “3 rings”
that limit Ps choice of forum. What are
the other two rings?
What is venue and why is it required?
VENUE
Based on fundamental notions of
fairness, especially the understanding
that a court with subject matter
jurisdiction and personal jurisdiction
over the defendant could be an
inefficient or inconvenient forum (e.g.
witnesses/evidence located elsewhere)
There are venue rules for state courts
and federal courts (usually statutory).
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
VENUE REQUIREMENTS ARE
PURELY STATUTORY
What is the general federal venue
statute?
VENUE REQUIREMENTS ARE
PURELY STATUTORY
What is the general federal venue statute?
28 U.S.C. §1391
There are also a number of special federal
venue statutes. See 28 U.S.C. §§ 1394-1403,
1407-1410.
Example: 1400(b) limits venue in patent
infringement actions to where the D resides
or where she committed acts of inringement
and has a regular and established place of
business
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)?
§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.
MEANING OF RESIDENCE
If a D, Thomas
resides in Roanoke,
VA, in which federal
judicial district(s)
would venue lie
under 1391(a)(1) or
1391(b)(1)?
What about if there
was also another D,
Martha, who lived in
Richmond?
MEANING OF RESIDENCE
What if Thomas also has an beach
house in Virginia Beach?
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.
BACK TO §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.
Hypo
Mary (VA) sues Betty (NH) and Jane
(France) for breach of contract.
Assume the claim arose in France.
Where will venue lie?
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
VENUE IN FEDERAL
QUESTION ACTIONS
Under 28 U.S.C. §1391, where can
venue lie in a federal question action
where the defendant(s)s is/are natural
person(s)?
How do the venue rules for federal
question actions differ from diversity
actions?
§1391(b): Venue in Federal Question
Acts: Natural Person Defendant(s)
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 may be found
VENUE FOR CORPORATIONS
Where does venue lie if a defendant is a
corporation? Cite the relevant
provision(s) of the federal venue
statute.
What if the state, like Virginia or New
York, but unlike Maryland, has more
than one judicial district?
VENUE FOR CORPORATIONS
Section 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
VENUE FOR ALIENS
Where does venue lie for alien
defendants? Cite the relevant provision
of the federal venue statute.
VENUE FOR ALIENS
Where does venue lie for alien
defendants?
Section 1391(d) provides that “an alien
may be sued in any district”