Also known as: localities of lawsuits · venue · forum
Written by attorneys · grounded in primary & secondary sources — see below
The geographic place where a court may exercise judicial authority over a lawsuit.
Lars Lindstrom sued Lotus Pharmaceuticals in the Eastern District of State X for a contract dispute arising from sales in the Western District. Lotus moved under Rule 12(b)(3) to dismiss because its contacts sufficient for personal jurisdiction existed only in the Western District. The court held that the locality of the lawsuit was the Western District and granted the motion.
Judge Laura Lewis attempted to represent her brother in a probate proceeding pending in her own judicial district. The ethics board ruled that her participation violated the prohibition on practicing law while serving as a judge under the cited rule.
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Lumen Capital sued a foreign parts supplier in State Y after a component reached the state through distribution channels. The supplier moved to dismiss for lack of personal jurisdiction. The court found that mere placement into commerce did not support jurisdiction and dismissed the action.
Linden Logistics faced suit in one judicial district of State Z where it had minimal operations. The plaintiff argued the company resided there for venue purposes. The court determined that the locality of the lawsuit was the district with contacts sufficient for personal jurisdiction under the corporate-residence rule.
Lorenzo Lugo sought custody of his child in State A after courts in State B declined to exercise jurisdiction. The State A court accepted the case because all other courts had found State A the more appropriate forum. The action therefore proceeded in State A under the uniform act.
Logan Lane petitioned to establish intestacy in the county where the decedent had lived. The will proponent challenged venue. The court required the petitioner to make prima facie proof of venue as part of establishing proper authority before proceeding further.
The locality is fixed by the district in which the defendant is subject to personal jurisdiction or where a substantial part of the events occurred. When a corporation is the defendant, it resides in any district with sufficient contacts to support jurisdiction if that district were a separate state.
A defendant may move to dismiss for improper venue. The court will dismiss or transfer the action rather than retain authority in a district lacking the required connection to the parties or events.
Yes. Under the uniform child custody statute, if every other court with jurisdiction declines on forum non conveniens grounds, the locality shifts to the state that is the more appropriate forum.
The petitioner seeking to establish intestacy must present prima facie proof of venue along with proof of death and heirship. The proponent of a will must prove due execution and, if petitioning, also venue.
…requires only that in order to subject a defendant to a judgment in personam , if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice.” Milliken v. Meyer , 311 U. S.…