Venue Question

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denimchickn
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Joined: Tue Nov 30, 2010 11:57 pm

Venue Question

Postby denimchickn » Mon Dec 13, 2010 9:08 am

For some reason, of all the Civ Pro things I could be having trouble with, I can't seem to wrap my mind around what's required under 1391 to find proper venues. Can anyone explain it to me clearly?

Also, in terms of figuring out venue for additional claims, is it correct that venue has to be determined for all additional claims under 18(a) and all permissive counterclaims under 13(b), but for some reason doesn't have to be determined for R.14 third-party claims? Why is that? And what about 13(g) cross-claims?

Thanks in advance to anyone who can give me a hand here...

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Sogui
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Re: Venue Question

Postby Sogui » Mon Dec 13, 2010 9:48 am

denimchickn wrote:For some reason, of all the Civ Pro things I could be having trouble with, I can't seem to wrap my mind around what's required under 1391 to find proper venues. Can anyone explain it to me clearly?

Also, in terms of figuring out venue for additional claims, is it correct that venue has to be determined for all additional claims under 18(a) and all permissive counterclaims under 13(b), but for some reason doesn't have to be determined for R.14 third-party claims? Why is that? And what about 13(g) cross-claims?

Thanks in advance to anyone who can give me a hand here...


Venue is just a vague thing that require weighing a bunch of factors about the location of the court relative to the parties, relative to the location of witnesses and the transaction-in-controversy. Just spot whatever venue concerns your professor points out and you'll be fine. It's a rare concern since if the court has personal jurisdiction over the defendant, and the plaintiff has deliberately chosen a forum convenient to him, it's hard to justify changing venue in most cases. My professor went as far to say that unless you have foreign parties, courts with personal jurisdiction will almost never change venues unless it violates a procedural rule. Glannon states that personal service (tag) in a South Carolina airport for a tort in California between a California and Nevada citizen would likely trigger venue concerns independent of personal jurisdiction, but that obvious a far-fetched example.

TL;DR I was taught that unless someone is clearly abusing the location the use of a venue, it won't be an issue.

As for why cross claims don't matter for venue concerns? Given my explanation on venue I don't see how this would ever be an issue, if you implead someone under rule 14 it's either because there is some theory of derivative liability connecting you together, and there are few imaginable scenarios where you could be held to answer in that venue, but the person who actually is liable for the money would somehow be drastically inconvenienced by having to be a party.

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goosey
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Re: Venue Question

Postby goosey » Mon Dec 13, 2010 11:28 am

you're not alone with venue--I thought I got it until I did a practice question and realized Im totally lost when trying to figure out venue for cases with multiple defendants [which is what will be on the exam, if there is venue]--I suggest the glannon guide chapter on venue...it cleared it up for me.

think big picture when it comes to venue--the entire case...




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