CIVIL PROCEDURE CLASS 38

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CIVIL PROCEDURE CLASS 38

• Professor Fischer
• Columbus School of Law
• The Catholic University of America
• November 22, 2002

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ANNOUNCEMENTS

• The Classic Movie To Kill a Mockingbird Will Be
  Shown in Room 213 at 400 p.m.

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WRAP-UP OF LAST CLASS

• We wrapped up our study of personal jurisdiction
  by considering the question of when there will be
  proper notice.

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WHAT WILL WE DO TODAY?

• Learn about the venue requirement and the the
  federal venue statute
• Review Practice Exercises 27 and 28

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On to Venue -

• Venue is the third of Glannons 3 rings that
  limit Ps choice of forum. What are the other two
  rings?
• What is venue and why is it required?

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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).

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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

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VENUE REQUIREMENTS ARE PURELY STATUTORY

• What is the general federal venue statute?

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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

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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)?

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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) dont apply, district in which
  any D is subject to p.j.

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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?

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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.

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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) dont apply, district in which
  any D is subject to p.j.

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Hypo

• Mary (VA) sues Betty (NH) and Jane (France) for
  breach of contract. Assume the claim arose in
  France.
• Where will venue lie?

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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

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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?

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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) dont apply, district in which
  any D may be found

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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?

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VENUE FOR CORPORATIONSSection 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

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VENUE FOR ALIENS

• Where does venue lie for alien defendants? Cite
  the relevant provision of the federal venue
  statute.

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VENUE FOR ALIENS

• Where does venue lie for alien defendants?
• Section 1391(d) provides that an alien may be
  sued in any district