BarBri Bar Review Hangout - July 2016 (UBE -NY) Forum

[LionelHutzJD]

Does a court have to dismiss if venue is improper? I thought I remembered some practice question where the court transferred instead of dismissing outright, so I equivocated more than might have been appropriate.

Why did you say venue was improper?

D was not from State C. Claim arose in State B. Action was brought in State C

PJ dude. Just for tomorrow don't forget the third part of the rule. Unless I read something wrong

(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Venue could have been brought in another district in this case.

Don't forget for tomorrow.

I don't follow. The court has PJ over the defendant so isnt venue proper?

Read FRCP §1391.

(b)Venue in General.—A civil action may be brought in—
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions 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 judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

[Rahviveh]

Does a court have to dismiss if venue is improper? I thought I remembered some practice question where the court transferred instead of dismissing outright, so I equivocated more than might have been appropriate.

Why did you say venue was improper?

D was not from State C. Claim arose in State B. Action was brought in State C

PJ dude. Just for tomorrow don't forget the third part of the rule. Unless I read something wrong

(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Venue could have been brought in another district in this case.

Don't forget for tomorrow.

I don't follow. The court has PJ over the defendant so isnt venue proper?

dude what? PJ and venue aren't the same thing. venue is proper where all defendants live or where the incident took place. so you can have PJ and not venue, or venue and not PJ, etc. They're not the same.

"If there is otherwise no judicial district in which the action may be brought, then the “fall back” alternative is that venue is proper in a judicial district in which any defendant is subject to personal jurisdiction with respect to such action . § 1391 (b) ."

Tell me what I'm missing

[Br3v]

Don't need perfect to pass, keep in mind

[KRose04]

I stand by what I said earlier. I'll be back in February

[LionelHutzJD]

You are missing "if there is otherwise no judicial district in which the action may be brought". On the essay there WAS a district which the action could be brought so subsection (3) would not apply.

[Rahviveh]

You are missing "if there is otherwise no judicial district in which the action may be brought". On the essay there WAS a district which the action could be brought so subsection (3) would not apply.

You mean in state A? Or does there have to be a district in that same state?

[EngineerIsCredit]

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[EngineerIsCredit]

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[WheatThins]

Wait, was there PJ? Was the d being served in that enough for specific pj? Fuck.

[Rahviveh]

You are missing "if there is otherwise no judicial district in which the action may be brought". On the essay there WAS a district which the action could be brought so subsection (3) would not apply.

You mean in state A? Or does there have to be a district in that same state?

either state A (all D's live there) or state B (incident happened there)

Ok well good to know. Lol at this shit test and these shit rules. Only the biggest dorks will know these.

[Br3v]

Tackle the MBE tomorrow!

[wthelicopt]

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[wthelicopt]

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[MCFC]

ظ

[WheatThins]

Was grumpy old man 3PB?

Incidental

[EngineerIsCredit]

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[wthelicopt]

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[judgefudge]

So assignment was valid? Swear barbri lecturer said assignment is invalid if the person who is owed service changes under assignment bc substantial change in duty.

Idk if barbri ever said that, but I assumed it b/c if you can't get specific performance of a personal services contract, it makes sense that you can't assign it without consent. Idk, it's just one point either way, so long as you discussed it, right? So it's not a big deal!

[ryantw]

Wait, was there PJ? Was the d being served in that enough for specific pj? Fuck.

Yeah there's a Supreme Court case. https://en.m.wikipedia.org/wiki/Burnham ... California

With a wildly divided opinion. Wouldn't be surprised if you could go either way on that.

[MCFC]

...

[Monochromatic Oeuvre]

You are missing "if there is otherwise no judicial district in which the action may be brought". On the essay there WAS a district which the action could be brought so subsection (3) would not apply.

You mean in state A? Or does there have to be a district in that same state?

either state A (all D's live there) or state B (incident happened there)

This is a factual issue not analysis, but the events occurred in A I thought? Technically maybe B too, but for sure A no?

Edit

[LionelHutzJD]

It's transient personal jurisdiction. I called it general personal jxn though haha oh well, still came to the right conclusion and discussed the service.

[apricot]

I'm sure we will all be fine

[LionelHutzJD]

Mod Edit: Don't discuss question specifics

[mvp99]