5. What is the test under 28 U.S.C. § 1391(c)(2) to determine the residence of an entity?

Is the test the same whether the entity is incorporated or unincorporated? Notice that the definition distinguishes between plaintiff-entities and defendant-entities. In what respect does the definition of an entity’s residence for venue purposes differ from that of a natural person?

Test your knowledge of the statute with the following problems:

(a) What is the test for venue purposes of the residence of a defendantcompany that is incorporated in Delaware and has a principal place of business in Wilmington, Delaware?

(b) What is the test for venue purposes of the residence of a defendant-partnership that has its main office in Brooklyn, New York and members in every one of the fifty states?

If the partnership is subject to personal jurisdiction in New York, does it reside for venue purposes in every district of the state?

(c) What is the test for venue purposes of the residence of a defendant-company that is incorporated in England and does business in Chicago, Illinois, in San Diego, California, and in Burlington, Vermont?

(d) What is the test for venue purposes of the residence of a plaintiff-company that is incorporated in South Dakota and has a principal place of business in Atlanta, Georgia?

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(e) What is the test for venue purposes of the residence of a plaintiff-fraternal organization that has its main office in San Diego, California?

(f) How does your analysis of residence change if the defendant-corporation is incorporated in a state that has more than one judicial district? See 28 U.S.C. §

1391(d). Is it significant that Section1391

(d) refers only to corporations “subject to personal jurisdiction at the time an action is commenced,” while Section 1391(c)(2) refers to “an entity * * * if a defendant,* * * subject to the court’s personal jurisdiction with respect to the civil action in question”?