28 USC 1391(c)(2) and 1391(d)

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Aequitas_Subvenit
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Joined: Thu Dec 13, 2012 7:03 am

28 USC 1391(c)(2) and 1391(d)

Postby Aequitas_Subvenit » Thu Dec 13, 2012 7:36 am

So 1391 (Venue Generally) changed this January, I believe, and now reads, in pertinent part:

(c)Residency.— For all venue purposes—
(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business;



(d) Residency of Corporations in States With Multiple Districts.— For purposes of venue under this chapter, in a State which has more than one judicial district and in which a defendant that is a corporation is subject to personal jurisdiction at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts.

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Does 1391 not then contain 2 different tests for determining the residency of a corporate defendant? Or does my feeble mind deceive me at this early hour? Thanks.

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MarcusAurelius
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Joined: Wed Feb 15, 2012 4:49 pm

Re: 28 USC 1391(c)(2) and 1391(d)

Postby MarcusAurelius » Sun Dec 16, 2012 6:39 pm

This is the venue rule:

http://www.law.cornell.edu/uscode/text/28/1391

There are four ways of getting venue under this rule––(b)(1), (b)(2), (b)(3), and (c)(3)




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