2. 28 U.S.C. 1391(b), unlike earlier versions of the federal venue statute, sets a unitary venue...

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2. 28 U.S.C. § 1391(b), unlike earlier versions of the federal venue statute, sets a unitary venue rule for diversity and federal question cases. Venue in both categories may be based on two criteria: defendant’s residence, if all defendants reside in the same state; and the location of the claim or property that is the subject of the action. What is the default rule if no district meets the requirements of 28 U.S.C. § 1391(b)(1) or (2)? Why do you think Congress closed the “venue gap” in federal question cases, as discussed in Bates?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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