CIVIL PROCEDURE CLASS 38

CIVIL PROCEDURE CLASS 38

Professor FischerColumbus School of LawThe Catholic University of AmericaNovember 22, 2002

ANNOUNCEMENTSThe 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 statuteReview 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 aroseLocation of property or event that is the subject matter of the actionWhere 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. §1391There 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 RESIDENCEWhat 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 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 commencedIf 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”