...the strongest arguments for each side, state the controlling rule for venue and transfer, apply it to the material facts, and explain the likely remedy or consequence. This essay tests venue and transfer in the syllabus...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...ndings. AlpineGear sells all clips to a German assembler, which sells completed bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...missal would waste effort. Sierra adds that personal jurisdiction and venue defenses would have been waived by now. Must the court dismiss for lack of subject matter jurisdiction? Discuss. This essay tests the nonwaivabl...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
...sonal jurisdiction. Defendant files a Rule 12 motion raising improper venue and failure to state a claim but does not raise personal jurisdiction. The personal-jurisdiction objection was available at that time. What is t...
Citations: Federal Rule of Civil Procedure 12, Personal-jurisdiction waiver principles
A plaintiff is deciding where a corporation resides for federal venue purposes. Which statement is most accurate? The correct answer states how corporate residence is determined for venue. 28 U.S.C. 1391(c)
Citations: 28 U.S.C. 1391(c)
A case is filed in a proper federal venue, but most witnesses and evidence are located in another federal district where the case could have been brought. Which statute is the ordinary basis for transfer? The correct ans...
Citations: 28 U.S.C. 1404(a)
A defendant files a first Rule 12 motion raising improper venue and failure to state a claim but omits lack of personal jurisdiction. After that motion is denied, the defendant tries to move to dismiss for lack of person...
Citations: Fed. R. Civ. P. 12(h)
...s in the Northern District of State A. Which statement best describes venue in that district? The correct answer states one of the core federal venue bases. 28 U.S.C. 1391(b)(1)
Citations: 28 U.S.C. 1391(b)(1)
A plaintiff argues that the fallback venue provision allows suit in any district where any defendant is subject to personal jurisdiction. When does that fallback provision apply? The correct answer states when the fallba...
Citations: 28 U.S.C. 1391(b)(3)
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
After final judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which statemen...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...tate M. The plaintiff files in the federal District of State N, where venue is otherwise proper under Section 1391. How is the clause ordinarily enforced? The correct answer states the Atlantic Marine enforcement rule. A...
Citations: Atlantic Marine Construction Co. v. U.S. District Court, 28 U.S.C. 1404(a)
...Which analysis best protects the legally relevant interests? Correct. Venue is proper in a district authorized by statute, and transfer or dismissal depends on whether venue is proper, convenience, justice, and forum-sel...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...hat appears favorable. What should a strong answer do first? Correct. Venue is proper in a district authorized by statute, and transfer or dismissal depends on whether venue is proper, convenience, justice, and forum-sel...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...the strongest arguments for each side, state the controlling rule for venue and transfer, apply it to the material facts, and explain the likely remedy or consequence. This essay tests venue and transfer in the syllabus...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...the strongest arguments for each side, state the controlling rule for venue and transfer, apply it to the material facts, and explain the likely remedy or consequence. This essay tests venue and transfer in the syllabus...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...iversity jurisdiction. In which State B federal districts, if any, is venue proper? Discuss. This essay tests original venue selection under Section 1391 with corporate residence and substantial-event facts. 28 U.S.C. 13
Citations: 28 U.S.C. 1391
...due in District C. Which statement best describes substantial-events venue? The correct answer states the substantial-events venue basis. 28 U.S.C. 1391(b)(2)
Citations: 28 U.S.C. 1391(b)(2)
...r federal district for removal? The correct answer states the special venue rule for removed cases. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
...jurisdiction and failure to state a claim but does not raise improper venue. What is the likely effect on the venue defense? The correct answer states the Rule 12 waiver rule for venue. Fed. R. Civ. P. 12(b)(3), Fed. R...
Citations: Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
A federal court concludes that litigation should proceed in a foreign country's courts, not in any U.S. federal district. Which doctrine is the likely mechanism? The correct answer distinguishes forum non conveniens f...
Citations: Atlantic Marine Construction Co. v. U.S. District Court, Piper Aircraft Co. v. Reyno
...istrict would have been proper. What may the court do under the wrong-venue statute? The correct answer states the cure-or-dismiss rule for improper venue. 28 U.S.C. 1406(a)
Citations: 28 U.S.C. 1406(a)
...fter contributing to the problem. What is the best analysis? Correct. Venue is proper in a district authorized by statute, and transfer or dismissal depends on whether venue is proper, convenience, justice, and forum-sel...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
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