Chapter 11: Venue

I. An Introduction to Venue

A. Venue Basics

 Venue refers to the particular court within a court system where a plaintiff can file a lawsuit
- Also divided by territory, often by counties or municipalities
B. The Purpose of Venue

C. Distinguishing Venue, Subject Matter Jurisdiction, and Personal Jurisdiction

 The Constitution does not restrict a plaintiff’s choice of venues

- Designed to ensure that the location of the suit is reasonable and convenient given the
location of the evidence, the witnesses, and the defendant.
 Requirements for filing a lawsuit when considering which court: SMJ, PJ, & Venue

D. State Venue Statutes

Federal Venue Statute 28 U.S.C. § 1391(b)

(1) A judicial district in which any defendant resides, if all are residents of same state where the
district is located
(2) A JD in which a substantial part of the events or omission giving rise to the claim occurred,
or a substantial part of property that is the subject of the action is situated, or
(3) If there is no district in which an action may otherwise be brought as provided in this section,
any JD in which any defendant is subject to the court’s PJ with respect to such action

** more than one court may be a proper venue.

**each state has its own venue statute
**venue can be waived

II. The General Federal Venue Statute

In order to determine federal venue, ask:

1. Do the defendants share the same state, if not, move to sub sec. (2)
o If they do not share the state then sub sec (1) doesn’t apply?

III. The Meaning of “Resident” Under Subsection (1)

A. The Definition of “Resident” for Individuals
 28 U.S.C. § 1391(c)(1): residence is determined by domicile

B. The Definition of “Resident” for Corporations and Other Entities

 In general, therefore, entities reside in every federal district where they would be
subject to personal jurisdiction if that district were their own state

IV. The Meaning of “Substantial Part” Under Subsection (2)

UFFNER v. LA REUNION FRANCAISE

V. The Fallback Provision

VI. Specialized Venue Statutes
 Under 28 U.S.C. § 1402, tort claims against the federal government can be brought where the
plaintiff resides or where the incident at issue occurred.

 Copyright and patent infringement claims also have specialized venue rules. 28 U.S.C. §§
1400(a)–(b).

Transfers and Dismissals

28 USC 1406. Cure or Waiver of Defects

 Grants court to dismiss a case that was filed in an improper venue or transfer suit where it could
have been brought.
Rule 12(b)(3) authorizes the court to grant a motion to dismiss a case

 Judges have authority to transfer cases within the same court system.
o State courts can transfer cases within its court system (within that state), but state cases
can be removed to federal court
o Federal courts can transfer cases to other federal courts in any state and remand a case to
a state court

28 USC 1404. Change of Venue

 Although a venue may be proper where a case was filed, but there is a more appropriate venue for
the case to be heard, then the judge can authorize the transfer
Transfers: 1404(a)
 Defendant can move a case to Federal Court

MacMunn v. Eli Lilly CO.

Facts:
Holding:
Ruling:
Reasoning: