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Author Topic: Civil Procedure help!  (Read 2763 times)

Jackson Smith

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Re: Civil Procedure help!
« Reply #10 on: October 14, 2005, 07:58:25 AM »
Anyone know what the 2005 Grable decision does to this issue? My civpro prof seems to think it changes things, and creates a new standard...(just what we need  :P)
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wildcataz2004

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Re: Civil Procedure help!
« Reply #11 on: October 15, 2005, 01:51:56 AM »
Here's a question I have if anybody can help, I'd appreciate it. I've been thinking about it all night. What's the difference between 28 U.S.C. section 1391, clause (a) vs. clause (b). It says one is for diversity and the other is for suits that aren't based on diversity, but the only thing different between the two is that each part 3 uses very slightly language. Any thoughts on what the difference is between "subject to personal jurisdiction" vs "where defendant may be found"???

lipper

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Re: Civil Procedure help!
« Reply #12 on: October 15, 2005, 02:38:51 AM »
not to be a male private part but.. .(jesus christ, you peops are thinking over things... my suggestion is relax, and re-read the question you asked) read what is being asked - "subject to personal jurisdictioj" THEY ARE SUBJECT TO IN PERSONAM, and "where defendant MAY be found" - you have to look at elements. look at the annotated code - and for future reference, when u get a job, grow up.
check the footnotes ya'll

jimmyjohn

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Re: Civil Procedure help!
« Reply #13 on: October 15, 2005, 09:27:37 AM »
not to be a male private part but.. .(jesus christ, you peops are thinking over things... my suggestion is relax, and re-read the question you asked) read what is being asked - "subject to personal jurisdictioj" THEY ARE SUBJECT TO IN PERSONAM, and "where defendant MAY be found" - you have to look at elements. look at the annotated code - and for future reference, when u get a job, grow up.

You're an ass. Your "answer" isn't much of one either.  I'm pretty sure the confusion arises from the vague language of the code so looking at it is not likely to help.

jimmyjohn

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Re: Civil Procedure help!
« Reply #14 on: October 15, 2005, 09:33:25 AM »
Here's a question I have if anybody can help, I'd appreciate it. I've been thinking about it all night. What's the difference between 28 U.S.C. section 1391, clause (a) vs. clause (b). It says one is for diversity and the other is for suits that aren't based on diversity, but the only thing different between the two is that each part 3 uses very slightly language. Any thoughts on what the difference is between "subject to personal jurisdiction" vs "where defendant may be found"???

There's really no important difference between the two for a couple of reasons.

1.  There has been very little litigation involving subsection (a) and (b) (3) of 1391 so the courts haven't had a chance to interpret any differences that might be present.

2.  These are "fallback" provisions used only in the very rare case that there is no other proper venue for a lawsuit.  If you think about, lawsuits involving U.S. citizens will always have proper venue somewhere in the United States provided that there is actually federal jursdiction.  The only instance in which subsection (3) would be used is when one party to a lawsuit is an alien and for whatever reason venue isn't proper in the U.S.  I wouldn't worry about it much, if it all.

(a) and (b) are the exact same provisions, no one really knows why Congress separated them when writing the statute.