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Partnership for venue purposes
Posted: Tue May 03, 2011 10:06 pm
by Cemoore4
On my practice exam, I assumed that a partnership for venue was treated the same as a partnership for diversity. My prof's comment is "How is a partnership treated for purposes of venue?"
I am guessing this means that partnerships are treated like corporations for venue? If so, where is this located because 1391 says nothing about partnerships.
Re: Partnership for venue purposes
Posted: Tue May 03, 2011 11:00 pm
by I.P. Daly
This is very general, but, the proper venue for a partnership is generally domicile or residence. However a partnership may not truly have a residence or domicile so that the only meaningful test for venue with respect to a partnership is the district in which it has its principal place of business or its principal assets. For a partnership which has ceased functioning, venue may be proper in the district where the wind-down effort is occurring.
Re: Partnership for venue purposes
Posted: Wed May 04, 2011 1:02 am
by BeenDidThat
Any place in which a partner resides.
EDIT: This might be for personal jdx & not venue...sorry CivPro was last semester.
Re: Partnership for venue purposes
Posted: Wed May 04, 2011 1:04 am
by PKSebben
I.P. Daly wrote:This is very general, but, the proper venue for a partnership is generally domicile or residence. However a partnership may not truly have a residence or domicile so that the only meaningful test for venue with respect to a partnership is the district in which it has its principal place of business or its principal assets. For a partnership which has ceased functioning, venue may be proper in the district where the wind-down effort is occurring.
You are awarded all points.