venue

Florida Supreme Court Recedes From "Joint Residency Rule" In Venue Disputes

March 16, 2012 13:13

In Brown v. Nagelhout (SC10-868), the Florida Supreme Court receded from its 1957 opinion, Enfinger v. Baxley, 96 So. 2d 538 (Fla. 1957), and abolished "the judicially created joint residency rule" applied in venue challenges. The court described the facts as follows: Willie and Brenda Brown...

Western District of Virginia Court Transfers Venue of Patent Suit Brought by a Virginia Company

Dabney Carr
March 01, 2012 16:11

A Virginia-based patentee which chooses to bring suit in Virginia federal court can typically defeat a challenge to venue under 28 U.S.C. § 1404. The deference to a home-state plaintiff’s choice of forum, however, is not absolute, and Judge Moon’s recent decision in...

Case o' The Week: Ninth Rejects Gov't's "Attempt" Attempt - Kuok and 18 USC Section 2

January 22, 2012 17:44

This holding ain't easy, but it's good, and well-worth the mulling it takes to understand:It is a crime to cause someone to attempt to unlawfully export restricted military gear -- but it is not a crime to attempt to cause someone to do so.  United States v. Kuok, __ F.3d __, 2012 WL...

What Does In re Link_A_Media Devices Mean for the Eastern District of Virginia?

Dabney Carr
December 21, 2011 21:45

Earlier this month, the Federal Circuit granted a petition for mandamus and directed the District Court of Delaware to transfer venue of a patent infringement suit filed against Link_A_Media Devices to the Northern District of California, even though Link_A is a Delaware corporation. In Re...

Decision in Visteon Walks Through Analysis of Improper Venue and Venue Transfer Decisions

Jason Cornell
November 14, 2011 20:59

Summary In a very easy to follow opinion issued October 21, 2011, Judge Sontchi of the Delaware Bankruptcy Court denied a motion to dismiss an avoidance action for improper venue or, in the alternative, to transfer venue of the action. Judge Sontchi’s opinion is available here (the...