Statute Annotations › Federal › 28 U.S.C. § 1391

28 U.S.C. § 1391

Venue generally: the cases that interpreted this section

Jurisdiction
Federal
Case notes
8,639
Cited in passing
6,372
Citing cases indexed
23,910
Case dates
1949–2026
Screened through
2026-06-26
Checked for later law changes
2026-10-20
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

15,011 citing cases reviewed of 23,910 in the citation index: 8,639 interpreted the section (annotated below), 6,372 cited it only in passing. Cases filed after 2026-06-26 may not have been reviewed yet.

Have a situation under 28 U.S.C. § 1391?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Venue in diversity actions

In a diversity action, § 1391(a) permits venue where the defendant resides or a substantial part of the events giving rise to the claim occurred.

Garner v. Boehringer Ingelheim Pharmaceuticals, Inc. · filed 2012-07-24(a)

Where, as here, jurisdiction is based solely on diversity, venue is determined in accordance with the requirements of 28 U.S.C. § 1391(a). ... Assuming that the above allegations are true, venue is proper and BIPI is not entitled to dismissal based on improper venue.
Read the full opinion on CourtListener →

Section 1391(a) permits venue in a diversity action where the defendant resides or a substantial part of the events giving rise to the claim occurred.

Sellers v. Boehringer Ingelheim Pharmaceuticals, Inc. · filed 2012-07-25(a)

Where, as here, jurisdiction is based solely on diversity, venue is determined in accordance with the requirements of 28 U.S.C. § 1391(a). ... Assuming that the above allegations are true, venue is proper and BIPI is not entitled to dismissal based on improper venue.
Read the full opinion on CourtListener →

Section 1391(a) permits a diversity action in a district where the defendant resides or where a substantial part of the events giving rise to the claim occurred.

Smith v. Boehringer Ingelheim Pharmaceuticals, Inc. · filed 2012-07-25(a)

Where, as here, jurisdiction is based solely on diversity, venue is determined in accordance with the requirements of 28 U.S.C. § 1391(a). ... Assuming that the above allegations are true, venue is proper and BIPI is not entitled to dismissal based on improper venue.
Read the full opinion on CourtListener →

Under § 1391(a), venue is improper in a district where none of the events giving rise to the claims occurred and the defendants do not reside or face personal jurisdiction.

Myers v. Holiday Inn, Inc. · filed 2013-01-16(a)

None of the events or missions giving rise to plaintiff’s claims arose in this district. Under 28 U.S.C. § 1391(a), venue in the District of Columbia is not proper.
Read the full opinion on CourtListener →

Section 1391 does not govern venue in actions removed from state court; venue is determined under § 1441(a).

American Insurance Marketing Corp. v. 5 Star Life Insurance · filed 2013-07-26

Thus, 28 U.S.C. § 1391 “has no application” to actions that are removed; rather, the only question that must be answered to determine the propriety of venue is whether removal was effectuated to the district court “for the district and division embracing the place” where the suit was filed originally.
Read the full opinion on CourtListener →

Section 1391(b) permits an ADEA action where the defendant resides or where a substantial part of the events giving rise to the claim occurred.

Tyler v. District of Columbia Housing Authority · filed 2014-02-24(b)

Venue for ADEA actions is governed by the general venue provision of § 1391 of Title 28 of the United States Code. In particular, an action under the ADEA may be brought in a judicial district where “any defendant resides” or where “a substantial part of the events ... giving rise to the claim occurred.” 28 U.S.C. § 1391(b). Because Defendant is a District of Columbia agency and the alleged workplace discrimination occurred in that District, Plaintiff's ADEA claims are properly brought in the District of Columbia.
Read the full opinion on CourtListener →

Section 1391 does not govern venue in actions removed from state court to federal court.

Toomey v. Dahl · filed 2014-10-30

Because this action was removed from state court, section 1391 does not apply.
Read the full opinion on CourtListener →

Law changed since Public Law 112-63 rewrote § 1391(a) effective January 6, 2012; the quoted plaintiff-residence venue text no longer governs actions commenced after that date.

Section 1391(a) permits a diversity action in a district where the plaintiff resides or the claim arose.

Vasquez v. Wells Fargo Bank, National Ass'n · filed 2015-01-05(a)

Further, because Vasquez worked for Wells Fargo and resided in the Central District, venue is proper under 28 U.S.C. § 1391(a) (“A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in the judicial district where all plaintiffs or all defendants reside, or in which the claim arose”).
Read the full opinion on CourtListener →

Law changed since Public Law 112-63 rewrote § 1391(a) effective January 6, 2012; the quoted diversity-only venue text no longer governs actions commenced after that date.

Section 1391(a) permits venue in a diversity action where any defendant resides if all defendants reside in the same state, where a substantial part of the events occurred, or, if no other district is available, where a defendant is subject to personal jurisdiction.

MaxLite, Inc. v. ATG Electronics, Inc. · filed 2016-06-24(a)

The Court does not find that this case was brought in the wrong venue and thus this section is inapplicable. ... Pursuant to 28 U.S.C. § 1391 (a), venue is proper "in a civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(a).
Read the full opinion on CourtListener →

Section 1391 governs where civil actions may be brought and does not apply to actions removed from state court.

Brighter Sky Productions, LLC v. Marriott International, Inc. · filed 2018-05-16

Section 1391 “has no application to…. a removed action.”
Read the full opinion on CourtListener →

Section 1391(b) does not govern venue in actions removed from state court.

Riemer & Braunstein LLP v. Monroe Capital Management Advisors LLC · filed 2019-05-16(b)

The general venue statute, 28 U.S.C. § 1391(b) (“Section 1391(b)”), is not applicable to removed actions.
Read the full opinion on CourtListener →

Section 1391(b)'s venue rules do not govern actions removed from state court; § 1441(a) governs their venue.

Finley v. Kelly · filed 2019-06-14(b)

All of this may be true, but this action was removed from state court and "venue in removed actions is governed solely by § 1441(a)." ... Venue is proper here because this Court (and in particular the Nashville Division) embraces Williamson County from which this case was removed.
Read the full opinion on CourtListener →

Section 1391 governs venue in civil rights actions and permits suit in the district where the defendants reside or the claim arose.

Miller v. Collier · filed 2019-09-30

When, as in this case, jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C. § 1391 provides that venue is proper only in the judicial district where the defendants reside or in which the claim arose. ... As a result, venue is proper in the Eastern District of Texas.
Read the full opinion on CourtListener →

Section 1391 governs venue in civil rights actions without a specific venue provision; venue is proper where the defendant resides or the claim arose.

Brown v. Rusk County · filed 2019-11-04

When, as in this case, jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C. § 1391 provides that venue is proper only in the judicial district where the defendants reside or in which the claim arose.
Read the full opinion on CourtListener →

Section 1391(b) governs venue for a Bivens action based on the defendants’ residence or where the events giving rise to the claim occurred.

Jones v. United States of America · filed 2020-06-12(b)

A civil action must be brought in the judicial district where the defendants reside or where the events giving rise to the claim occurred. See 28 U.S.C. § 1391(b); Mullen v. Bureau of Prisons, 843 F. Supp. 2d 112, 117 (D.D.C. 2012) (applying § 1391(b)(2) in Bivens context). There are no federal prisons in New Mexico, and it is not clear how any individual responsible for Jones’ prison classification could reside here. ... Accordingly, it would be futile to sua sponte invite Jones to amend his Bivens claim in this Court.
Read the full opinion on CourtListener →

Section 1391(b) governs venue in Bivens actions and permits suit in a qualifying defendant’s district of residence or a district where a substantial part of the events occurred.

Gladney v. United States of America · filed 2020-08-04(b)

Venue in a Bivens action is governed by 28 U.S.C. § 1391(b). ... These claims do not involve events the occurred in the Eastern District of Texas and the additional defendants do not reside in the Eastern District. As a result, venue with respect to the claims against these defendants is not proper in this court.
Read the full opinion on CourtListener →

Section 1391(b) governs venue in Section 1983 actions.

Jackson v. Acevedo · filed 2020-10-30(b)

The relevant venue provision for a Section 1983 action is 28 U.S.C. § 1391(b), which provides as follows: ... (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; ... Here, while plaintiff's claim related to alleged wrongdoing that occurred while he was confined at Southport C.F. arose in the Western District of New York, the factors weigh in favor of the Northern District of New York retaining jurisdiction over this claim.
Read the full opinion on CourtListener →

Section 1391(b) permits a Bivens action in a district where a defendant resides, where a substantial part of the events occurred, or, if no other district is available, where a defendant may be found.

Williams v. Hoey · filed 2020-12-08(b)

A claim brought as a Bivens action may be brought only in (1) a judicial district where any defendant resides, if all reside in the same state, (2) where “a substantial part” of the events or omissions giving rise to the claim occurred, or (3) a district which any defendant may be found, if there is no district in which the action may otherwise be brought. See 28 U.S.C. §1391(b). In this case, venue is not proper in the Middle District of Pennsylvania, as the claim arose while Plaintiff was confined at FCI- Williamsburg, which is located within the jurisdictional boundaries of South Carolina.
Read the full opinion on CourtListener →

Section 1391(b) governs venue for Bivens actions and permits suit where the defendants reside or where the claims arose.

Wilson v. Phelps · filed 2021-09-08(b)

Venue for a Bivens actions is governed by 28 U.S.C. § 1391(b). ... Venue is improper in this district, and the Court finds it to be in the interest of justice to transfer this action to the United States District Court for the Middle District of Florida.
Read the full opinion on CourtListener →

Section 1391 governs venue in § 1983 actions because § 1983 has no specific venue provision.

Ford v. 19th Judicial District Court East Baton Rouge Parish of Louisiana · filed 2021-09-10(b)

Because 42 U.S.C. § 1983 does not contain a specific venue provision, venue is determined under the general venue provisions of 28 U.S.C. § 1391.
Read the full opinion on CourtListener →

Section 1391(b) permits venue for a § 1983 action in a district where a substantial part of the events giving rise to the claim occurred.

Roderick Ford · filed 2022-09-13(b)

Venue for § 1983 actions not founded on diversity is proper in the district where any defendant resides (if all defendants reside in the same state), where “a substantial part of the events or omissions giving rise to the claim occurred,” or where any defendant may be found.
Read the full opinion on CourtListener →

Section 1391(b) governs venue in Bivens actions based on defendant residence, where substantial events occurred, or a fallback district when no other district is available.

Emrit v. Special Agent in Charge of FBI Field Office in Southern District of New York (SDNY) · filed 2022-11-09(b)

Venue in Bivens cases is governed by 28 U.S.C. § 1391(b). ... Thus, venue is not proper in this district under Section 1391(b)(2). Lastly, Section 1391(b)(3) does not apply in this action because there are other districts in which venue is proper. In sum, venue is not proper in this district pursuant to any provision of 1391(b).
Read the full opinion on CourtListener →

Section 1391(b) governs venue in Bivens actions and permits suit in a district where a defendant resides if all defendants reside in the same state, or where a substantial part of the events occurred.

Reid v. Dobbs · filed 2023-01-24(b)

Venue in a lawsuit filed pursuant to Bivens is governed by 28 U.S.C. § 1391(b). ... Section 1391(b) states venue is proper in any judicial district where a defendant resides, if all defendants are residents of the state in which the district is located, or in a district in which a substantial part of the events giving rise to the claims being asserted occurred.
Read the full opinion on CourtListener →

Section 1391(b) governs venue in Bivens actions and permits filing in a district where a substantial part of the events occurred.

Reid v. Dobbs Case transferred to the Eastern District of Texas, Beaumont Division. · filed 2023-01-24(b)

Venue in a lawsuit filed pursuant to Bivens is governed by 28 U.S.C. § 1391(b). ... As a result, while venue with respect to this case is proper in the Eastern District, it is not proper in the Lufkin Division.
Read the full opinion on CourtListener →

Section 1391(b) governs venue for federal civil rights actions under § 1983 and places claims involving defendants and events at Big Muddy Correctional Center in the Southern District of Illinois.

Mayberry v. Wexford Health Sources Inc · filed 2023-04-17(b)

Finally, venue for federal civil rights actions brought under 42 U.S.C. § 1983 is governed by 28 U.S.C. § 1391(b). According to that statute, proper venue for claims involving Defendants and occurrences at Big Muddy Correctional Center in Jefferson County, Illinois lies in the United States District Court for the Southern District of Illinois. The Court will therefore dismiss Defendants Jane or John Doe Dentists at Western Illinois and Big Muddy Correctional Centers.
Read the full opinion on CourtListener →

Section 1391(b) permits venue based on defendant residence, substantial events or property, or, when no other district qualifies, personal jurisdiction over a defendant.

Pesic v. Mauritius International Arbitration Centre Limited · filed 2023-04-17(b)

Moreover, as to Plaintiff’s claims under state law, brought under the court’s diversity jurisdiction, Plaintiff alleges no facts showing that any of the defendants resides within this or any other federal judicial district, a substantial part of the events or omissions giving rise to his claims occurred within this or any other federal judicial district, a substantial part of property that is the subject of this action is situated within this or any other federal judicial district, or that any of the defendants is somehow subject to this court’s or any other federal district court’s personal jurisdiction with respect to this action.
Read the full opinion on CourtListener →

Section 1391(b) governs venue in a Bivens-type action and permits venue where all defendants reside or a substantial part of the events or omissions giving rise to the claim occurred.

Johnson v. Beaumont · filed 2023-08-30(b)

Venue in a Bivens-type action is determined pursuant to 28 U.S.C. § 1391(b). When, as in this case, jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C. § 1391 provides that venue is proper only in the judicial district where all the defendants reside or in which a substantial part of the events or omissions giving rise to the claim occurred. Venue is proper in the Eastern District of Texas.
Read the full opinion on CourtListener →

Section 1391(b) does not make the plaintiff’s residence a basis for venue.

Lea v. U.S. Dep't of Agric. · filed 2024-02-28(b)

But the venue statute makes the residency of the defendants (not the plaintiffs) matter.
Read the full opinion on CourtListener →

Section 1391(b) governs venue in a Section 1983 action, allowing suit where all defendants reside or where a substantial part of the events giving rise to the claim occurred.

Mallo v. Maston · filed 2024-03-06(b)

Accordingly, Plaintiff’s Section 1983 action may be heard in a venue where all defendants reside, or in the venue where the issue substantially arose.
Read the full opinion on CourtListener →

Section 1391(b) places venue for a Bivens suit where the defendants reside, if they all reside in the same state, or where a substantial part of the events giving rise to the claim occurred.

Ramirez v. Gechy · filed 2025-05-22(b)

Section 1391(b) provides that venue is proper only in the federal judicial district where any defendant resides, if all the defendants reside in the same state, or in the district where a substantial part of the events or omissions giving rise to the claim occurred. ... The events of which plaintiff complains occurred in the Union County, where the defendants appear to reside. As a result, venue with respect to this lawsuit is not proper in this court.
Read the full opinion on CourtListener →

Section 1391(b) provides venue options that a plaintiff may use in an ERISA action even when ERISA has its own venue provision.

Lone Star 24 HR ER Facility, LLC v. Blue Cross Blue Shield of Texas · filed 2025-07-03(b)

“In pleading venue, a plaintiff may use the ERISA provision or ‘may employ the venue options provided by the general venue statute,’” which is 28 U.S.C. § 1391(b).
Read the full opinion on CourtListener →

Section 1391(a) does not establish venue in a district when the only potentially relevant event in that state occurred in another district.

Greenberg v. Miami Children's Hospital Research Institute, Inc. · filed 2002-07-08(a)

Even if this single instance supported finding such jurisdiction, which the court does not find, this instance also occurred in the sole locale in which venue can be based for the claims against Children’s Hospital pursuant to 28 U.S.C. § 1391(a).
Read the full opinion on CourtListener →

Corporate residence and doing business

Section 1391(c)(2) treats a corporate defendant as residing in a district where it is subject to personal jurisdiction for venue purposes.

Bride v. Snap Inc. · filed 2021-08-09(c)(2)

For a corporate entity defendant, venue is proper “in any judicial district in which such defendant is subject to the court’s personal jurisdiction,” 28 U.S.C. § 1391(c)(2), meaning where it is incorporated and headquartered. Daimler AG v. Bauman, 571 U.S. 117, 137 (2014). Snap and YOLO are headquartered in Santa Monica and Los Angeles, respectively, Dkt. No. 1 ¶¶ 41, 42, and so reside in the Central District.
Read the full opinion on CourtListener →

Section 1391 permits venue where a corporate defendant resides, including a district where its headquarters establish personal jurisdiction.

GAETANO v. GILEAD SCIENCES, INC. · filed 2021-07-27(b)(1), (c)(2)

The action thus could have been brought in that venue. See 28 U.S.C. § 1391(b)(1) (venue is proper in “a judicial district in which any defendant resides”), (c)(2) (entities are deemed to reside where they are subject to personal jurisdiction); Chavez v. Dole Food Co., 836 F.3d 205, 223 (3d Cir. 2016) (en banc) (a corporation is subject to personal jurisdiction where it has its principal place of business).
Read the full opinion on CourtListener →

A corporate defendant resides in a district where it is subject to personal jurisdiction in the action, making venue proper there.

Brotherhood of Maintenance of Way Employes Division/IBT v. Union Pacific Railroad · filed 2020-07-01(b)(1), (c)(2)

Venue is proper in “a judicial district in which any defendant resides.” 28 U.S.C. 1391(b)(1). A defendant corporation “shall be deemed to reside . . . in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question.” 28 U.S.C. § 1391(c)(2); ... Because the D.C. Court has personal jurisdiction over Union Pacific, as discussed above, venue is also proper in the District of Columbia.
Read the full opinion on CourtListener →

Section 1391(b) does not make a district a proper venue merely because the defendant conducts business there.

EMC Mortgage LLC v. American Bancshares Mortgage LLC · filed 2020-01-02(b)

But under Section 1391, the conduct of business is not a factor courts use to determine the propriety of venue.
Read the full opinion on CourtListener →

A corporate defendant that waives its personal-jurisdiction objection is subject to personal jurisdiction for venue purposes and resides in that district under § 1391(c)(2).

Agasino v. American Airlines Inc. · filed 2019-07-26(b)(1), (c)(2)

Because American Airlines is subject to personal jurisdiction, venue is also proper under 28 U.S.C. § 1391(b)(1) and (c)(2).
Read the full opinion on CourtListener →

Section 1391(b)(1) permits venue based on a defendant’s residence, and a corporate defendant seeking transfer for improper venue must address whether its contacts make it a resident of the district.

Cody v. Pinnacle Staffing Group · filed 2019-02-06(b)(1)

Although PSG argues its “only connection with the [S]tate of Missouri for purposes of this action is that Plaintiff resides there” (Doc. #4, at 4), PSG does not discuss or address its contacts, or lack thereof, with the Western District of Missouri. Thus, PSG has not established venue is improper under 28 U.S.C. § 1391(b)(1). For this reason, PSG’s motion to transfer venue pursuant to 28 U.S.C. § 1391 is denied.
Read the full opinion on CourtListener →

A corporation subject to personal jurisdiction in a district is deemed to reside there for venue purposes.

Ratliff v. Venture Express, Inc. · filed 2019-03-12(b)(1), (c)(2)

Because Venture is a corporation “subject to the court’s personal jurisdiction with respect to [this] action,” it is “deemed to reside” in this District for the purpose of establishing venue. 28 U.S.C. § 1391(b)(1), (c)(2).
Read the full opinion on CourtListener →

Section 1391 permits venue in a diversity action against a corporate defendant in a district where the corporation is subject to personal jurisdiction.

Agnesini v. Doctor's Associates, Inc. · filed 2011-08-08(a)(1), (c)

To the extent that DAI argues that venue over Moody’s claims does not lie in this District, DAI is mistaken. ... Since there does not appear to be any dispute that DAI is subject to personal jurisdiction in this District, venue here is proper.
Read the full opinion on CourtListener →

Section 1391(c) makes venue proper for a corporate defendant doing business in a district when its contacts there suffice for personal jurisdiction.

Smith v. Intex Recreation Corp. · filed 1991-02-01(c)

In this district, it has been held that venue is proper under the “doing business” provisions of 28 U.S.C. § 1391(c), if there are sufficient contacts to assert personal jurisdiction in the district under the minimum contacts standard of International Shoe and its progeny. ... Under this concept, the answer to the question of personal jurisdiction necessarily provides the answer to the question of venue. Therefore, since this court has concluded that it has jurisdiction over the defendant, and because the court does not see any exceptional circumstances mandating a change of venue for convenience, the defendant’s motion to transfer this matter to the Central District of California is hereby DENIED.
Read the full opinion on CourtListener →

Section 1391 permits venue against a corporate defendant when its business negotiations in the district are material to the claims, even if those contacts are limited.

Ernster v. Ralston Purina Co. · filed 1990-06-28(c)

Deltown's motion to dismiss Counts VI and VIII is based upon its allegation that under 28 U.S.C. § 1391 venue in this district is improper. Deltown relies almost exclusively upon Maybelline Co. v. Noxell Corporation, 813 F.2d 901 (8th Cir.1987) for its argument that it has not been "doing business" in this district for venue purposes. However, the Court finds that Maybelline does not support Deltown's position. By Deltown's own admission, its representatives visited and made telephone calls to St. Louis during preliminary negotiations with Van Camp. The Court finds that, because of the nature of this case, those preliminary negotiations could have great import with respect to Deltown's intention to divert Van Camp's business from Excelpro to itself. These negotiations, in fact, may comprise the alleged "inducement" to infringe Ernster's patents. Such activities cannot be said to be "minuscule" with respect to contacts which may prove to be uniquely material to the factual circumstances of this case. ... Having considered all of the above, the Court denies Deltown's motion to dismiss Counts VI and VIII.
Read the full opinion on CourtListener →

Under § 1391(b) and (c), a corporation resides in a judicial district where its contacts would support personal jurisdiction if the district were a separate state.

ISC-Bunker Ramo Corp. v. Altech, Inc. · filed 1990-06-25(b) and (c)

Venue is also proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c), in that Altech has sufficient contacts with the Northern District of Illinois so as to be subject to personal jurisdiction here, assuming that the District was a separate state; therefore, Altech resides in the Northern District of Illinois for purposes of the general venue statute.
Read the full opinion on CourtListener →

Section 1391(c) treats a corporate defendant as residing in a judicial district where its contacts would support personal jurisdiction if the district were a separate state.

Evans Tempcon, Inc. v. Index Industries, Inc. · filed 1990-07-09(c)

Thus, having found that defendant is properly subjected to long-arm personal jurisdiction in Michigan, it is apparent that venue is proper in the Western District of Michigan, in which all of defendant’s contacts with Michigan occurred.
Read the full opinion on CourtListener →

In a state with multiple judicial districts, § 1391(c) determines a corporate defendant’s residence for venue by its contacts with each district.

Melahn v. Dimensional Oilfield Services, Inc. · filed 1990-08-08(c)

Under section 1391, the defendant cannot be deemed a resident of this district because its most significant contacts are with the Eastern District of Louisiana.
Read the full opinion on CourtListener →

Section 1391(c) treats a corporate defendant as residing in any district where it is subject to personal jurisdiction when the action begins.

International Honeycomb Corp. v. Transtech Service Network, Inc. · filed 1990-08-24(c)

A defendant corporation “shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced.” Judicial Improvements and Access to Justice Act, Pub.L. No. 100-702, § 1013(a), 102 Stat. 4642 (1988) (amending 28 U.S.C. § 1391(c) (1988)). Therefore, because the Court has already determined that jurisdiction is proper as to TSN, venue is also proper in this district.
Read the full opinion on CourtListener →

A corporate defendant resides in a district where it is subject to personal jurisdiction, allowing venue there under § 1391(b).

Kansas City Power & Light Co. v. Kansas Gas & Electric Co. · filed 1990-09-19(b), (c)

Because KG & E is clearly subject to personal jurisdiction in Kansas since it is headquartered in Wichita, Kansas, this case “might have been brought” in the District of Kansas under 28 U.S.C. § 1391(b).
Read the full opinion on CourtListener →

Section 1391(c) treats a corporate defendant as residing in any district where it is subject to personal jurisdiction when the action begins.

Koos, Inc. v. Performance Industries, Inc. · filed 1990-10-17(c)

Under Section 1391(c), for purposes of venue, "a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced." 28 U.S.C. § 1391(c). In effect, then, PII conceded that venue is proper in this district.
Read the full opinion on CourtListener →

Law changed since TC Heartland LLC v. Kraft Foods Group Brands LLC (2017) reaffirmed that § 1391(c) does not expand domestic corporate residence under the patent infringement venue statute, § 1400(b).

Section 1391(c) deems a corporate defendant to reside in any district where it is subject to personal jurisdiction, including for patent venue under § 1400(b).

In re Mahurkar Double Lumen Hemodialysis Catheter Patent Litigation · filed 1990-11-05(c)

Section 1391(c) provides that for “purposes of venue under this chapter, a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced.” (Emphasis added.) ... VE Holding, coming from the court to which an appeal will lie, is authoritative in this case. IMPRA agrees that its sales representatives and technicians expose it to “personal jurisdiction” in Illinois. I therefore deny its motion to dismiss for improper venue.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Under the 1988 amendment to § 1391(c), corporate residence for patent venue extends to a district where the corporation was subject to personal jurisdiction when the action began.

Leonard W. Ross, Jr. v. James Robert Tuerk and Aero Industries, Inc. · filed 1990-11-08(c)

As we held in VE Holding, with respect to a defendant that is a corporation, the first test for venue under Sec. 1400(b), in light of the 1988 amendment to Sec. 1391(c), is not limited to the state of incorporation, but extends to whether the defendant was "subject to personal jurisdiction" in the district of suit at the time the action was commenced.
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test.

The corporation was doing business in New Hampshire for venue purposes under § 1391(c).

Concord Labs, Inc. v. Ballard Medical Products · filed 1988-06-09(c)

Accordingly, this court finds the defendant’s claim that it does not “do business” in New Hampshire for the purpose of 28 U.S. C. § 1391(c) to be meritless.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation as doing business in a district when its activities there are sufficiently localized and intrastate that the state could require it to qualify to do business.

Ford Motor Co. v. Chroma Graphics, Inc. · filed 1987-11-10(c)

Consistent with the authorities cited above, this Court concludes that defendant’s transactions in Michigan are not sufficiently localized and do not constitute intrastate activity so as to permit the state to require defendant to qualify to do business there. As such, defendant is not “doing business” in Michigan for venue purposes under § 1391(c).
Read the full opinion on CourtListener →

A corporation licensed to do business throughout a state may be sued in any district of that state, even if it does no business in that district.

Crawford & Co. v. Temple Drilling Co. · filed 1987-03-03(c)

This court therefore concludes that venue is proper in every district of a state in which a defendant corporation is licensed to do business, regardless of whether it is actually doing business in every district.
Read the full opinion on CourtListener →

Under § 1391(e)(4), a corporation resides in its state of incorporation for venue purposes.

Texas Energy Reserve Corp. v. Department of Energy · filed 1982-03-31(e)(4)

Venue in this action is governed by 28 U.S.C. § 1391(e)(4). ... For purposes of this statute, residence of a corporation is defined as the state of incorporation.
Read the full opinion on CourtListener →

A subsidiary’s business in a district does not, by itself, establish venue there for its parent under § 1391(c).

Budd Co. v. United States Department of Transportation · filed 1981-03-13(c)

Even assuming that NJTC is a corporation within the meaning of the statute, the mere fact that its wholly-owned subsidiary does business in this district is not sufficient for § 1391(c) venue purposes as to the parent.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits venue where a corporation’s substantial, continuous, and regular business activities constitute doing business in the district.

Galonis v. National Broadcasting Co., Inc. · filed 1980-10-02(c)

It is the opinion of this court that the defendants are “doing business” in New Hampshire within the meaning of 28 U.S.C. § 1391(c) and therefore venue is proper in this District.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits venue based on a corporate parent doing business in the district through subsidiaries acting as its agents.

Bellomo v. Pennsylvania Life Co. · filed 1980-06-30(c)

The Frummer test has been applied by the federal courts in determining venue over foreign affiliates, e. g. Sunrise Toyota, supra. ... Accordingly, on the record as it stands now, I find that the plaintiff has established prima facie that the New York subsidiaries are doing business in New York as the agents of Pennsylvania Life.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits venue against a corporation in every district of a state where it is licensed to do business.

Forbo-Giubiasco, S. A. v. Congoleum Corp. · filed 1979-01-23(c)

We believe that the parallel proposition, that venue is proper in every district in a state in which a corporation is licensed to do business, is also correct. Accordingly, venue is proper in the Southern District of New York.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation doing business in a district as residing there for venue purposes.

Moore v. Atlantic Coast Line R. Co. · filed 1951-06-26(c)

Furthermore, .the venue of the present action is properly laid in this district as to Atlantic Coast Line, since it is “doing business” here. 28 U.S.C. § 1391 (a, c).
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits venue over a corporation doing business in a district through continuous sales by a local agent, even when the claim arose elsewhere.

Satterfield v. Lehigh Valley Railroad Co. · filed 1955-02-18(c)

I believe that Millard was “doing business” in this district within the meaning of 28 U.S.C. § 1391(c). ... Millard’s continuous and long continued activities in this district by which its products are sold through R. D. Bates Co. justify its being sued in this district even though the suit is not based on a transaction which occurred in this district.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation as doing business in a district when its activities localize its business there, requiring more activity than is needed for service of process.

Remington Rand, Inc. v. Knapp-Monarch Company · filed 1956-03-14(c)

The wording of the statute, and the impossibility of concluding that venue is proper wherever service of process can be had, necessarily compels this court to determine that “doing business” as that phrase is employed in the general venue statute, § 1391(c), refers to its usage in the licensing concept. However, not only must the activity be of such a nature so as to localize the business and make it an operation within the district but, quantitatively, such activity must be more than the minimum amount of activity needed to meet a constitutional due process objection where a question of amenability of a foreign corporation to service of process is raised.
Read the full opinion on CourtListener →

Section 1391(c) permits venue where a corporation does business; substantial sales, receipt of payments, and a bank account in the district were sufficient contacts here.

Rayco Manufacturing Co. v. Chicopee Manufacturing Corp. · filed 1957-01-22(c)

Using this guide, I find no trouble in concluding that Chicopee is amenable to suit in the Southern District of New York. The volume of its sales in this District, the presence in this District of a Post Office box in which it receives payments for goods sold, and its bank account in this District constitute sufficient contacts to make Chicopee answerable to the process of this court.
Read the full opinion on CourtListener →

Section 1391 permits suit against a corporation in a district where it does business; a radio network's use of local affiliated stations to broadcast its programs and advertising qualifies.

Wanamaker v. Lewis · filed 1957-07-05(e)

The court therefore finds as a fact, and concludes as a matter of law, .that Mutual is doing business in Maryland within the provisions of Article 23, Section 88 of the Maryland Code, and 'Title 28 U.S.C. § 1391.
Read the full opinion on CourtListener →

Section 1391(c) permits venue in a district for a corporation registered to do business in the district’s state.

Noerr Motor Freight, Inc. v. Eastern R. R. Presidents Conference · filed 1953-07-21(c)

Both railroads have registered to do business in the Commonwealth of Pennsylvania. Venue, therefore, is properly laid in this district under the provisions of 28 U.S.C. § 1391(c).
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation doing business in a judicial district as residing there for venue purposes, even if it is chartered elsewhere.

Cross v. Oneida Paper Products Co. · filed 1954-01-06(c)

Both defendant corporations are doing business, and were served, in New Jersey, though they are chartered elsewhere. Hence for venue purposes they are both New Jersey citizens, 28 U.S.C. § 1391 (a, c), while present plaintiffs are both Illinois citizens.
Read the full opinion on CourtListener →

Section 1391(c) permits suit against a corporation in a district where it conducts regular, substantial business.

Glick v. Empire Box Corp. · filed 1954-03-05(c)

Its argument is that it does not do sufficient business in this State for plaintiff’s suit here to satisfy the venue requirements of 28 U.S.C. § 1391(c) and due process. ... But such facts do not make suit here unreasonable in view of the systematic and regular activity actually carried on here.
Read the full opinion on CourtListener →

Section 1391(c) permits a corporation to be sued in a district where it does business and treats that district as its residence for venue purposes.

Steel Motor Service, Inc. v. Zalke · filed 1954-05-21(c)

The District Court held that the Federal Venue Statute controls. We think this conclusion is correct. Title 28 U.S.C. § 1391(c) reads as follows: ... This provision squarely applies. Appellant is doing business within Wayne County, Michigan, where the District Court has its seat, and service was made upon its agent.
Read the full opinion on CourtListener →

Law changed since Pub. L. 101-650 (Dec. 1, 1990) removed a plaintiff’s residence as an independent ground for general diversity venue.

Section 1391 permits a diversity action where all plaintiffs or all defendants reside and treats a corporation as residing in a district where it is licensed to do business or does business.

State Public School Building Authority ex rel. Vallamont Planing Mill Co. v. Maryland Casualty Co. · filed 1955-01-19(a), (c)

The venue is determined by 28 U.S.C. § 1391 which provides: ... “(c) A corporation may be sued in any judicial district in which it is incorporated or licensed to do business or is doing business, and such judicial district shall be regarded as the residence of such corporation for venue purposes.” Here the plaintiff is a resident of this district. Here also the defendant is both licensed to do business and is doing business in this district.
Read the full opinion on CourtListener →

Section 1391(c) permits suit against a corporation in the district where it has its main place of business.

Brownell v. La Salle Steel Co. · filed 1955-02-04(c)

The defendant has its main place of business in the Northern District of Illinois, Eastern Division, and suit might have been there brought, so that such District is not an improper one and is one to which the action might be transferred, if sufficient reasons therefor exist.
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test.

Section 1391(c) permits suit against a corporation where it is licensed to do business; a withdrawn license no longer establishes venue.

Sunbury Wire Rope Manufacturing Company v. United States Steel Corporation · filed 1956-02-29(c)

In addition, Section 1391(c) of the Judicial Code provides that a 'corporation may be sued in any judicial district in which it is * * * licensed to do business.' 28 U.S.C. § 1391(c) (1952). ... But before the present suit was filed, this New Jersey corporation had terminated its registration and activities in Pennsylvania. Therefore, the present choice of forum does not satisfy the venue requirements of the Clayton Act or Section 1391 of Title 28, and this action cannot be maintained unless Roebling has waived venue and submitted to this kind of suit in the Eastern District of Pennsylvania.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits suit against a corporation in federal districts throughout a state where it is licensed to do business.

Sunbury Wire Rope Manufacturing Co. v. United States Steel Corp. · filed 1956-02-29(c)

But Section 22 of the Clayton Act and Section 1391(c) of Title 28, the controlling federal venue statutes, provide differently and more broadly that a corporation is suable where it may be found, where it transacts business and where it is licensed to do business. Thus, so long as it was licensed to do business throughout Pennsylvania, Roebling was suable under these rules of federal venue in the district courts of both the Eastern and Middle Districts of Pennsylvania, although the focal point of its Pennsylvania business activities seems to have been the Eastern District.
Read the full opinion on CourtListener →

Law changed since Fourco Glass Co. v. Transmirra Products Corp. (1957) held that § 1400(b), not § 1391(c), controls domestic corporate residence for patent infringement venue.

Section 1391(c) defines a corporation as residing where it does business, including for patent infringement venue under § 1400(b).

Denis v. Perfect Parts, Inc. · filed 1956-05-02(c)

It scarcely seems that the Reviser was then forgetful of the fact that § 1391(c) broadened generally the meaning of resident in the case of corporations. In sum, I do not find in the Notes any clear or compelling ground to read into § 1400(b) an exception to the supplied definitions.
Read the full opinion on CourtListener →

Section 1391(c)'s definition of corporate residence also governs where a corporation may be sued within a district under § 1393(a).

Guy F. Atkinson Company v. City of Seattle · filed 1958-01-15(c)

In other words, the verb “resides” in 1393(a) must have the same meaning as the noun “residence” in 1391 (c).
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test.

A corporation doing continuous and systematic business in a district through its local officer is doing business there within the meaning of § 1391(c).

Neris Carbon & Oil Corp. v. Transcontinental Oil Co. · filed 1957-12-02(c)

Defendant has failed to substantiate its claim that it was not doing business in this district within the meaning of 28 U.S.C. § 1391(c) so as to make it subject to the process of this court. Its activities in New York plainly made it present in this forum for purposes of service under the standards laid down in International Shoe Co. v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95. The defendant’s activities in New York were systematic and continuous for some two months prior to service and resulted in a large volume of business. The obligations which are sued on here arose out of these very activities.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) uses federal law to decide whether a corporation is “doing business” in a district for venue purposes.

Rensing v. Turner Aviation Corporation · filed 1958-10-22(c)

It seems clear that Federal District Courts sitting in diversity cases should interpret “doing business” under Sec. 1391(c) according to Federal law as it is used in the licensing concept while “doing business” for jurisdictional purposes should be decided strictly in accordance with the law of the State wherein the Court is sitting.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation as residing for venue purposes in a district where its activities constitute doing business.

Carolyn Chenilles, Inc. v. Ostow & Jacobs, Inc. · filed 1958-12-30(c)

Certainly, the extensive activities which Ojay carries on in this city constitute “doing business” within the meaning of the statute.
Read the full opinion on CourtListener →

Section 1391(c) defines a corporation’s residence for Jones Act venue purposes to include a district where it does business.

Connolly v. Farrell Lines, Inc. · filed 1959-07-06(c)

We hold in accord with Phillips v. Pope & Talbot, Inc., D.C.S.D.N.Y.1952, 102 F.Supp. 51 and the cases cited therein that § 1391(c) defines the term “residence” in the Jones Act so that a corporation may be sued in the judicial district where it is doing business and therefore the district court was in error in dismissing the complaint on this ground.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation as doing business in a district for venue purposes when its integrated subsidiary gives it extensive and continuous contacts there.

Clay v. Thomas · filed 1960-07-19(c)

The papers submitted on this motion make it clear that the subsidiary is fully integrated with all phases of the business of the parent, King Manufacturing. It follows that King Manufacturing is “doing business” in this district for venue purposes because of its extensive and continuous contacts with this district.
Read the full opinion on CourtListener →

Under § 1391(c), a domestic corporation that does no business in another district of its home state may be sued in the district where its principal place of business is located.

Jacobson v. Indianapolis Power & Light Company · filed 1958-06-19(c)

Absent its “doing business” in any other district in the state, this district must be that in which its principal place of business is located.
Read the full opinion on CourtListener →

Section 1391(c) permits venue for an agency treated as a corporation in a district where it maintains an office and does business.

Gart v. Cole · filed 1958-08-05(c)

Venue is proper within 28 U.S.C. § 1391(c). ... Here the Housing and Home Finance Administration maintains a regional office at 346 Broadway, in the Borough of Manhattan, City of New York, and has administered at least ten Title I projects like the present within the district. It is clear that the Housing and Home Finance Agency is doing business here.
Read the full opinion on CourtListener →

A corporation’s extensive activities in a district through its selling agent can satisfy § 1391(c)’s venue rule.

Ostow & Jacobs, Inc. v. Morgan-Jones, Inc. · filed 1959-11-04(c)

It is well settled that the activities of Aileen in New York as described above are fully sufficient to satisfy 28 U.S.C. § 1391(c) dealing with venue.
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test. Pub. L. 101-650 (Dec. 1, 1990) removed a plaintiff’s residence as an independent ground for general diversity venue.

Section 1391(c) treats a corporation licensed to do business or doing business in a district as a resident there for venue purposes, including when the corporation is a plaintiff.

Consolidated Sun Ray, Inc. v. Steel Insurance Company · filed 1961-01-03(c)

Though the contrary has frequently been argued, the Courts have held that the last portion of § 1391 (c) which reads “ * * * and such judicial district shall be regarded as the residence of such corporation for venue purposes” applies to a plaintiff corporation as well as to a defendant corporation, and that the district in which a corporation is licensed to do business or is doing business is the proper place to lay venue for an action brought by the corporation as well as for an action brought against the corporation. ... The argument of the defendant that venue is improper because it is an Illinois corporation, not licensed to do business in Pennsylvania and not doing business here, cannot prevail because all the plaintiffs are “residents” of this district for venue purposes.
Read the full opinion on CourtListener →

Venue is proper in a district where a surety company is licensed and does business when no alternative federal district is suggested.

Indemnity Insurance Company of North America, a Corporation v. United States to Use and Benefit of Bailey-Lewis-Williams · filed 1962-02-15

We add only that venue was properly laid in the District of Columbia, as the surety company was licensed to do business — and does business — here, see 28 U.S.C. § 1391 (1958), and as no other judicial district in the United States was suggested as an alternative forum.
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test.

A wholesale liquor license available to residents and nonresidents alike does not, by itself, make a foreign corporation “licensed to do business” under § 1391(c).

Buy-4-Less Drug System, Inc. v. American Distilling Co. · filed 1962-04-26(c)

CRS 75-2-18, however, applies to all wholesalers, whether residents or non-residents, and it contains no specific provisions with respect to foreign corporations which seek permission to engage in the activities described in the statute. It seems, therefore, that Congress did not contemplate such licenses, which are unrelated to any privilege granted a foreign corporation as such, when it enacted 1391(c).
Read the full opinion on CourtListener →

Section 1391(c) treats a corporation as residing for venue purposes in a district where it does business, including where it maintains its principal office and conducts substantial administrative activity.

Sheldon Steel Corporation v. Standard Fruit Company · filed 1963-06-12(c)

Section 1391(c) states that a corporation may be sued in the district in which it is (a) incorporated, or (b) licensed to do business, or (c) is doing business, and that such district shall be regarded as its residence for purposes of venue. ... For under any test defendant appears clearly to be “doing business” in the New Orleans Division. ... Federal venue is proper in the Eastern District of Louisiana, New Orleans Division.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Under § 1391(c), a corporation is doing business in a district for venue purposes when its activities there are substantial, continuous, and regular under International Shoe principles.

Houston Fearless Corporation v. Teter · filed 1963-06-13(c)

So, here, the principles of International Shoe are controlling and the question of whether Houston was “doing business” in Colorado for venue purposes must be resolved by application of such principles. When these principles are applied to the facts in this case, we believe it is clear that Houston was “doing business” in Colorado.
Read the full opinion on CourtListener →

Section 1391 permits venue in a district where a corporate defendant does business.

Pardonnet v. Flying Tiger Line, Inc. · filed 1964-06-19(c)

In the case at bar, The Flying Tiger Line, Inc;, does business in Illinois; service was properly had upon it; and venue would lie under 28 U.S.C. § 1391.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits a corporation to be sued in a district where it is doing business; a local office and resident vice president can support venue there.

Colgate-Palmolive Co. v. North American Chemical Corp. · filed 1964-08-19(c)

Defendant moves for dismissal of the instant case under Rule 12(b)(3), F.R. Civ.P., claiming that venue is improper under 28 U.S.C. § 1391(c). ... I find that, under these circumstances and for the purposes of this action, defendant is doing business in New York.
Read the full opinion on CourtListener →

Law changed since Pub. L. 89-714 (Nov. 2, 1966) added the district where the claim arose as a general venue option, ending the residence-only rule. Pub. L. 101-650 (Dec. 1, 1990) removed a plaintiff’s residence as an independent ground for general diversity venue.

When defendants reside in different states, § 1391(a) requires all plaintiffs to reside in the district for venue there; under § 1391(c), a corporation that does no business in the district is not a resident there.

Norte & Co. v. Huffines · filed 1962-12-28(a), (c)

Since the defendants reside in several different states, under 28 U.S.C. § 1391(a) venue in this district can only be proper if all plaintiffs reside here. Defiance, however, transacts no business here, cannot be regarded as a New York resident, 28 U.S.C. § 1391 (c), and hence could not be a party-plaintiff without defeating satisfaction of the venue requirements.
Read the full opinion on CourtListener →

Section 1391(c) does not apply to corporations suing as plaintiffs.

Carter-Beveridge Drilling Co., Inc. v. Hughes · filed 1963-10-16(c)

Contrary to appellant’s position, we hold that the venue provisions of 28 U.S. C. § 1391(c) are not applicable to corporations suing as plaintiffs.
Read the full opinion on CourtListener →

Section 1391(c) applies to corporate plaintiffs and corporate defendants when determining venue.

Toilet Goods Association, Inc. v. Celebrezze · filed 1964-11-16(c)

Venue, predicated upon 28 U.S.C. § 1391(c), is proper as to each of the individually named plaintiffs. Although not all the Circuits agree, this Circuit has consistently held that 28 U.S.C. § 1391(c) applies to plaintiff and defendant corporations alike.
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test.

Section 1391(c) permits a corporation to be sued in a judicial district where it is licensed to do business.

United States v. Brody · filed 1963-02-12(c)

28 U.S.C. § 1391(c), providing that “A corporation may be sued in any judicial district in which it is * * * licensed to do business”, applies to a suit against Equitable, which is licensed to do business in Massachusetts.
Read the full opinion on CourtListener →

Section 1391(c) governs where a corporation may be sued but does not establish personal jurisdiction over it.

Harold Noel Arrowsmith, Jr. v. United Press International · filed 1963-06-11(c)

28 U.S.C. § 1391(c), providing that “[a] corporation mfty be sued in any judicial district in which it is incorporated or licensed to do Jiusiness or is * doing business,” relates to venue and not to jurisdiction, as is made clear by considerations polnted out in the concurring opinion in Jaftex, 282 F.2d at 518, and there recognized by the majority, 282 F.2d at 512.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits suit against a corporation in a judicial district where it is doing business.

Manning v. TIME, INCORPORATED · filed 1964-09-22(c)

Venue lies either under 28 U. S.C. § 1400(a), ... or under 28 U.S.C. § 1391(c), permitting suits in any judicial district where a corporation is doing business.
Read the full opinion on CourtListener →

Section 1391(c) defines a corporation’s residence by where it does business when a venue statute does not define residence.

Snyder v. Eastern Auto Distributors, Inc. · filed 1965-03-10(c)

This Court finds, in the absence of definition or limitation in the statute referred to that, insofar as the corporate defendant here is concerned the provisions of Title 28 U.S.C. § 1391(c) ... define where defendant resides.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits venue in a district where a corporate defendant is doing business.

Benham v. World Airways, Inc. · filed 1966-05-12(c)

The motions are based on the contention that the defendant is not doing business in Hawaii within the meaning of Chapter 174, R.L.H.1955, as amended, nor within the meaning of 28 U.S.C. § 1391(c). ... For the same reasons, the Motion to Dismiss for improper venue is not well taken, and is denied.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation doing business in a judicial district as a resident of that district for venue purposes.

Curry v. P. D. Marchessini, Inc. · filed 1965-05-11(c)

This defendant was doing business in Savannah, Georgia at the time of this accident within the meaning of 28 U.S.C. § 1391(c) and is thus a resident of that judicial district for venue purposes.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) supplements the Automobile Dealers Franchise Act’s special venue provision by treating a corporation doing business in a district as residing there.

J. Wesley Snyder, D/B/A Snyder's Auto Sales v. Eastern Auto Distributors, Inc., a Corporation · filed 1966-02-02(c)

In the course of its opinion the Court, overruling Eastern’s preliminary contention, held that the general venue statute, 28 U.S.C. § 1391(c), supplemented the special venue provision of the Franchise Act. In that holding we join.
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test. Pub. L. 101-650 (Dec. 1, 1990) removed a plaintiff’s residence as an independent ground for general diversity venue.

Section 1391(c) treats a corporation doing business in a district as a resident there for venue purposes when it is a defendant; a plaintiff corporation resides only in its state of incorporation.

Lumbermens Mutual Casualty Co. v. South Portland Engineering Co. · filed 1966-02-23(c)

Accordingly, this court holds ... that plaintiff Lumbermens Mutual is a resident only of Illinois, its state of incorporation, and is not a resident of this district for the purposes of § 1391.
Read the full opinion on CourtListener →

A corporation that does business in a judicial district is a resident of that district for venue purposes.

Mims v. Proctor and Gamble Distributing Company · filed 1966-09-01(c)

There is no dispute as to defendant’s corporate capacity, domestication, licensing and other requisites of doing business such as to qualify South Carolina as its “residence” for the purposes here.
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test.

Section 1391(c) permits venue for a claim against a corporation in a district where it is licensed to do business and is doing business.

Polychrome Corp. v. Minnesota Mining & Manufacturing Co. · filed 1966-10-11(c)

This Court has jurisdiction over the patent claim (28 U.S.C. § 1338) and venue is proper here on that claim because 3M is “licensed to do business” and “is doing business” in this district (28 U.S.C. § 1391(c)).
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits suit against a domestic corporation in a district where it is licensed to do business, even if its principal place of business is elsewhere.

Carson v. Vance Trucking Lines, Inc. · filed 1965-09-02(c)

Therefore, the Court concludes that inasmuch as Forrester is licensed to do business in the Western District, venue is properly laid in this district under Section 1391(c).
Read the full opinion on CourtListener →

Section 1391(a) governs venue and does not supply personal jurisdiction.

Harold D. Bookout and Betty Houser v. Linda Lou Beck and Daniel L. Beck, by Their Guardian Ad Litem, Edith P. Beck · filed 1965-12-23(a)

Obviously, 28 U.S.C. 1391(a) is of no aid to plaintiff because it is a venue section and jurisdiction must be first found over the subject matter and the person before one reaches venue.
Read the full opinion on CourtListener →

Section 1391(c) governs venue for corporations, not personal jurisdiction over them.

Jake Harold Bowman, Philip G. Griffin, A. Donald Brinton and Midland Industries, Inc. v. Curt G. Joa, Inc. · filed 1966-05-24(c)

28 U.S.C. § 1391(c) does provide that “[a] corporation may be sued in any judicial district in which it is incorporated or licensed to do business or is doing business,” but this relates to venue and not to jurisdiction.
Read the full opinion on CourtListener →

Section 1391 governs venue and does not determine personal jurisdiction or define what constitutes doing business for that purpose.

Caso v. Lafayette Radio Electronics Corporation · filed 1966-12-27(e)

Section 1391 of the Judicial Code seems to us to present the twin difficulties of being historically directed to the question of venue rather than jurisdiction and affording no guidance to the decision of what constitutes “doing business”.
Read the full opinion on CourtListener →

Law changed since Pub. L. 101-650 (Dec. 1, 1990) removed a plaintiff’s residence as an independent ground for general diversity venue.

Section 1391(c) applies its corporate residence rule to defendants; a corporate plaintiff resides only in its state of incorporation for venue purposes.

Control Data Corp. v. Carolina Power & Light Co. · filed 1967-05-23(c)

This Court shares the view of the courts of appeals and Judge Bonsai and, therefore, must hold that for purposes of § 1391(c) plaintiff Control is a resident of Minnesota only and not of this district.
Read the full opinion on CourtListener →

A corporation that operates a business through a partnership it controls is doing business in that district for venue purposes.

Myers v. Freedom Newspapers, Inc. · filed 1967-10-03(c)

Furthermore, 28 U.S.C. § 1391(c) designates the residence of a corporation as the judicial districts where it is “doing business.” ... Defendant is operating a newspaper in Texas through the partnership which it controls, and is thus doing business there for venue purposes and would therefore also be subject to service of process in Texas.
Read the full opinion on CourtListener →

Section 1391(c) permits venue where a corporate defendant's business in the district makes it amenable to service of process there.

Didactics Corporation v. Welch Scientific Company · filed 1968-04-05(c)

Adopting that rule, it is determined that the previous finding of defendant Welch’s amenability to substituted service under Ohio’s long-arm statute also satisfies the “doing business” venue requirement of 28 U.S.C. § 1391(c) (1964).
Read the full opinion on CourtListener →

A corporate defendant resides in a district for venue purposes when its business there satisfies the personal-jurisdiction standard.

Carter-Wallace, Inc. v. Ever-Dry Corporation · filed 1968-08-08(c)

At the same time a determination that this Court has jurisdiction over Ever-Dry would result in a finding that venue lies here, since the test for corporate residence within the district, as required by Title 28 U.S.C. § 1391(a), (b), is the same as the jurisdictional standard, i. e., whether the defendant is “doing business” within the district, Sweetheart Plastics, Inc. v. Illinois Tool Works, Inc., 267 F.Supp. 938, 940-941 (S.D.N.Y.1967); 1 Moore, Federal Practice ¶ 0.142 [5.-3], pp. 1499-1501.
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test.

Section 1391(c) permits venue over a corporation in a district where it is doing business.

Marjorie Webster Junior College, Inc. v. Middle States Ass'n of Colleges & Secondary Schools, Inc. · filed 1969-07-23(c)

Jurisdiction under 28 U.S.C. § 1391(c) depends upon whether a corporation is “doing business” and D.C.Code 11-521 (a) (1) requires that the party be “found” within the District.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits venue in a district where a corporate defendant is doing business, for actions based on diversity or federal question jurisdiction.

Jordan v. United States Lines, Inc. · filed 1968-10-24(c)

Indeed, since defendant is a corporation which is “doing business” within such judicial district, it would appear that venue can be properly laid in the District of the Canal Zone, whether the action is predicated on diversity of citizenship or federal question jurisdiction. See 28 U.S.C. § 1391(c) (1964); Pure Oil Co. v. Suarez, 384 U. S. 202, 86 S.Ct. 1394, 16 L.Ed.2d 474 (1966). ... Since defendant was, at all relevant times, amenable to service of process, and venue is proper in the District of the Canal Zone, this Court concludes that the transferee district is a district “where the action “might have been brought.”
Read the full opinion on CourtListener →

Section 1391(c) treats a corporation as residing only in districts where it actually does business.

Energy Resources Group, Inc. v. Energy Resources Corp. · filed 1969-03-12(c)

Thus, the issue presented is whether in a suit against a foreign corporation licensed to do business in a multi-district state, venue will lie in all districts of the licensing state regardless of the lack of activities in certain of the districts. The court concludes that the answer must be in the negative.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation as residing for venue purposes where it is incorporated, licensed to do business, or doing business.

Westphal v. Stone Manufacturing Co. · filed 1969-11-10(c)

It appears to this court that such uniformity is desirable and is best continued by adopting Professor Moore’s approach, “ * * * and, although the matter is not free from doubt, and there is very respectable contra authority, we believe that if a corporation is amenable to service of process it should be held to be ‘doing business’ for venue purposes. In the borderline situation, a court must look to the particular facts of each ease and examine the nature of the corporation’s contacts with the state, in relation to the suit that is being pressed against it. * * * if it is not unfair to subject the corporation to the court’s jurisdiction by service of process, it seems wise and not unfair to hold that there is a proper venue, particularly when the case can be transferred to another venue, if convenience warrants.”
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) allows a corporation to be sued in a district where it is doing business under federal venue law.

Samson Cordage Works v. Wellington Puritan Mills, Inc. · filed 1969-04-25(c)

It is the better rule and is now virtually settled that federal law governs the question of “doing business” for venue purposes under 28 U.S.C. § 1391 (c).
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits a corporation to be sued in a judicial district where it is doing business, and a single transaction is insufficient to establish that status.

Newton v. Inter-American, Inc. · filed 1969-11-07(c)

Consequently, even if Inter-American were in Louisiana attempting to sell its aircraft, we hold that this did not amount to “doing business” in the sense required by 28 U.S.C. § 1391(c).
Read the full opinion on CourtListener →

Section 1391(c) provides a broader rule for determining a corporation's residence for venue purposes.

Faberge, Inc. v. Schick Electric, Inc. · filed 1970-04-29(c)

For the purposes of 28 U.S.C. § 1400(b) the defendant resides in the state of its incorporation, which is Delaware, and the broader view of corporate residence contained in 28 U.S.C. § 1391(c) does not apply.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits a corporation to be sued in a district where it is doing business and treats that district as the corporation's residence for venue purposes.

Van Hoven Company v. Stans · filed 1970-11-09(c)

Packerland is “doing business” in this District as evidenced by the fact that the corporation has two resident agents in Minnesota who purchase from one thousand (1,000) to four thousand (4,000) head of cattle every week for Packerland on the South St. Paul market. The statutory requirement for venue is satisfied.
Read the full opinion on CourtListener →

Section 1391 permits venue where a corporate defendant is incorporated and doing business.

Raymond E. Danto, Associates, Inc. v. Arthur D. Little, Inc. · filed 1970-09-16(e)

It is clear that the present suit could have been commenced in a district court in Massachusetts, for that is where the defendant was incorporated and is doing business.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits venue in a district where a corporate defendant is doing business.

In re Tech Consolidated, Inc. · filed 1971-06-22(c)

The question of venue under 1391(c) is governed by federal law. ... Since Randy was doing business in this district when the claim arose and one of its agents was properly served while the business was being carried on, the requirements of venue have been met.
Read the full opinion on CourtListener →

Section 1391 permits venue where the defendant is doing business, using a test essentially the same as the transacting-business standard under 15 U.S.C. § 22.

Fashion Two Twenty, Inc. v. Steinberg · filed 1971-10-29

With regard to the state claims, even were they to be considered separate and apart from the federal claim, the test applicable to them under 28 U.S.C. § 1391 does not differ substantially from the test in 15 U.S.C. § 22. The “doing business” test of § 1391 has been held to be essentially the same as the “transacting business” standard of 15 U.S.C. § 22.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) allows a corporation to be sued in any judicial district where it is doing business.

Anderson v. Matson Navigation Co. · filed 1971-12-27(c)

The broadened concept of 28 U.S.C. § 1391(c) providing that a corporation may be sued in any judicial district in which it is doing business begs the question for it is clear to the court as above stated that defendant does not do business in Minnesota.
Read the full opinion on CourtListener →

Section 1391 permits venue where a corporation is doing business and where the claim arose.

Car-Freshner Corp. v. Broadway Manufacturing Co. · filed 1971-12-03(c), (a), (b)

Title 28 United States Code Section 1391(c) (1970) provides that a corporation may be sued in any judicial district in which it is “doing business”. ... This Court recently held that a trade mark and unfair competition dispute such as herein involved was not only related to, but “arose” in the judicial district in which the products of the parties are sold, that New York CPLR § 302(a) (McKinney 1970) provides that personal jurisdiction over a non-resident is obtainable by out-of-state service, and that Title 28 U.S.C. Section 1391 (a) and (b) permit venue in a judicial district where the “claim arose”. Carter-Wallace, Inc. v. Ever-Dry Corp., supra.
Read the full opinion on CourtListener →

Section 1391 permits a diversity action where the parties reside or the claim arose and treats a district where a corporation does business as its residence.

Weinberger v. Retail Credit Company · filed 1972-06-13(a), (c)

Venue for the diversity action is controlled by 28 U.S.C. § 1391, which provides in pertinent part: ... The affidavits filed in this case indicate that both IBM and RCC are doing business in the District of South Carolina and, more importantly, the factors giving rise to the cause of action set forth in Count I of the complaint arose in the District of South Carolina. Accordingly, it is abundantly clear that Count I of this action could have been brought in the District of South Carolina.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a judicial district where a corporation is incorporated, licensed to do business, or doing business as its residence for venue purposes.

Denke v. Galveston, Houston & Henderson Railroad Co. · filed 1972-09-07(c)

This Court finds that § 1393(a) at the very least must be read in a compatible manner with § 1391(c). Finding that the defendant was doing business in this Division, and finding no prevailing reason for transferring this case, the defendant’s motion to transfer is denied.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

A corporation may be doing business in a district for venue purposes even when an independent contractor distributes its products there.

Warner Press, Inc. v. Warner Books, Inc. · filed 1973-09-28(c)

The jurisdictional fact that defendant Warner Books, Inc. relied upon the services of an independent contractor does not prevent a finding that it was “doing business” under § 1391(c).
Read the full opinion on CourtListener →

Section 1391(b) and (c) make venue proper based on defendants' residence and define a corporation's residence by where it is incorporated, licensed to do business, or doing business.

Mosley v. Nationwide Purchasing, Inc. · filed 1973-10-09(b), (c)

Under the facts of this case as contained in the record, we believe the trial court correctly concluded that Nationwide was not “doing business” within the District of Columbia as required by 28 U.S.C. §§ 1391(b) and (c). ... Venue was therefore laid in the “wrong district” and transfer “in the interests of justice” under section 1406(a) was within the discretion of the trial court.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation as residing in any district where it is incorporated, licensed to do business, or doing business for venue purposes.

Eugene A. Wahl and Vibra Screw, Inc. v. Vibranetics, Inc. · filed 1973-03-02(c)

Thus under the provisions of Title 28 U.S.C. § 1391(c), and Title 28 U.S.C. § 1400(b) the action could have been instituted in a District Court in Kentucky or in the District Court in Indiana.
Read the full opinion on CourtListener →

Under § 1391(b) and (c), shared tariffs and revenues do not establish venue over a corporate subsidiary where the subsidiary does not do business in the district.

N-Triple-C Inc. v. American Telephone & Telegraph Co. · filed 1974-05-24(b), (c)

Since none of the moving defendants reside in this district or are licensed to do business here, and since the claim did not arise in this district, plaintiff must rely on the “doing business” section of the venue statute. ... Joint tariffs, or revenues, do not extinguish separate corporate forms. ... Only joint activities within this district could subject these operating companies to jurisdiction and venue here.
Read the full opinion on CourtListener →

Section 1391(c) treats the Commission as doing business in states where it exercises authority and control over water resources, even though its home office is elsewhere.

Borough of Morrisville v. Delaware River Basin Commission · filed 1974-08-08(c)

Although the home office of the Delaware River Basin Commission is in Trenton, N.J., the Commission has authority and control over water resources located in New York, New Jersey, Delaware and Pennsylvania. This authority and control is exercised through such actions as the one complained of here. It is inconceivable that the defendant is not doing business in those four states within the meaning of 28 U.S.C. § 1391(c).
Read the full opinion on CourtListener →

Section 1391(c) treats a corporation registered to do business in Georgia as a resident there for venue purposes.

Amchem Products, Inc. v. Gaf Corp. · filed 1974-11-07(c)

With respect to GAF, the court is satisfied that GAF is a resident of this jurisdiction for purposes of venue since it is registered to do business within Georgia. 28 U.S.C. § 1391(c).
Read the full opinion on CourtListener →

Section 1391(c) does not make a corporation subject to venue in every federal district of a state solely because it is incorporated there.

EDUCATIONAL DEVELOPMENT CORPORATION v. Economy Co. · filed 1973-12-05(c)

This Court finds and concludes that a corporation incorporated in Oklahoma is not subjected to venue in each Federal judicial district in the state under the Trademark laws of the United States solely by virtue of being incorporated in the state.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c)'s corporate residence rule applies to divisional venue: a corporation doing business or licensed to do business in a division resides there for venue purposes.

Williams v. Hoyt · filed 1974-03-18(c)

Although the case before the court now concerns division, rather than district, venue, it has been held that the definition of residence set forth in § 1391(c) applies as well to division as to residence — that is, that a corporation doing business or licensed to do business in a certain division is a resident of that division for venue purposes. ... Accordingly, analyzing the question presented by the instant case analogously to the problem of defendants who reside in different districts leads the court directly to the conclusion that venue is proper in the Tyler Division.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits venue based on a corporation’s doing business in the district, but the plaintiff must support that basis when the defendant challenges it.

Besuner v. Faberge, Incorporated · filed 1974-05-07(c)

Defendant Faberge is not incorporated or licensed to do business in Ohio. Plaintiff’s claim did not arise in this jurisdiction. Consequently, venue will only lie if the defendant can be considered a resident within this judicial district by reason of “doing business” herein. ... In the Court’s opinion, the factual foundation for venue having been challenged by defendant, it is incumbent upon plaintiff to support the laying of venue in this district. This has not been done.
Read the full opinion on CourtListener →

Section 1391(c) treats a corporation as residing in a district where it continuously performs important executive functions.

Burroughs Wellcome Co. v. Giant Food, Inc. · filed 1975-04-18(c)

The location of defendants’ offices and records in Landover together with the fact that all the business policies of the defendants are established there is sufficient to establish that this suit could have been brought in Maryland. The continuous exercise of a corporation’s important executive functions within a judicial district will support a claim that a defendant is “doing business” in the district for venue purposes.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation doing business in Tennessee as a Tennessee resident for venue purposes.

ARTISAN DEVELOP., DIV. OF KAISER AETNA v. Mountain States Develop. Corp. · filed 1975-05-30(c)

Thus Artisan does business in East Tennessee and is a resident of Tennessee as well as of Ohio. See, e. g., 28 U.S.C. § 1391(c).
Read the full opinion on CourtListener →

Section 1391(c)’s definition of corporate residence does not exhaust the meaning of “residing” under § 1392(a).

Board of County Commissioners v. Wilshire Oil Co. · filed 1975-06-11(c)

Neither does 28 U.S.C. § 1391(c) contain an exclusive definition of the term “reside” as used in 28 U.S.C. § 1392(a).
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats districts where a corporation is incorporated, licensed to do business, or doing business as its residence for venue purposes, but does not limit corporate residence to those districts.

Board Of County Commissioners Of The County Of Custer v. Wilshire Oil Company Of Texas · filed 1975-07-25(c)

Neither does 28 U.S.C. § 1391(c) contain an exclusive definition of the term "reside" as used in 28 U.S.C. § 1392(a). The former provision declares that any district in which a corporation "is incorporated or licensed to do business or is doing business . . . shall be regarded as the residence of such corporation for venue purposes." All this in effect says is that corporations are deemed to reside in the districts in which they were incorporated, licensed to do business, or doing business. It does not say either expressly or impliedly that the meaning of the word "residing" is to be limited to the three activities set forth in § 1391(c).
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) permits suit against a corporate defendant in any district of a state where it is licensed to do business statewide.

Richards v. Upjohn Co. · filed 1976-02-03(c)

This court believes that the language of section 1391(c) clearly and unambiguously authorizes suit in any district of a state in which the corporate defendant is licensed to do business statewide.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) requires more than the minimum contacts needed for personal jurisdiction for a corporation to be doing business in a district for venue purposes.

P. C. Products Corp. v. Williams · filed 1976-05-20(c)

On the basis of the persuasiveness of these opinions I conclude that something more than the minimum contacts necessary for personal jurisdiction is required for a corporation to be “doing business” under Section 1391(c).
Read the full opinion on CourtListener →

Law changed since Pub. L. 101-650 (Dec. 1, 1990) removed a plaintiff’s residence as an independent ground for general diversity venue.

In a diversity action, § 1391 permits venue in the district where the plaintiff corporation resides, with corporate residence determined under subsection (c).

Radiation Researchers, Inc. v. Fischer Industries, Inc. · filed 1976-02-23(a), (c)

Plaintiff being an Oklahoma corporation is a “resident” of Oklahoma for the purposes of establishing venue and venue is proper in this Court under 28 U.S.C. § 1391. Defendant’s Motion to Dismiss should be overruled as far as it is based on alleged improper venue.
Read the full opinion on CourtListener →

Section 1391(c) permits venue in a district where a corporate defendant does business.

Du-Al Corporation v. Rudolph Beaver, Inc., and John R. Beaver · filed 1976-08-30(c)

Because Beaver was “doing business” in Maryland, venue was in the District of Maryland under 28 U.S.C. § 1391(c).
Read the full opinion on CourtListener →

A corporation’s continuous, regular, systematic business activity in a district establishes that it does business there for venue purposes.

Zyskind v. Photo-Scan Corp. · filed 1976-09-15(c)

This continuous, regular, systematic activity within the state is sufficient to establish that defendant is doing business in this district and state.
Read the full opinion on CourtListener →

Under § 1391(c), occasional purchases of ships located in a district, negotiated and completed elsewhere, do not make a corporation a resident of that district for venue purposes.

Trinity Metals v. Andy International, Inc. · filed 1977-01-11(c)

The fact that over a period of years the defendant corporation has on occasion purchased ships berthed in the Philadelphia area as a result of negotiations conducted and culminated elsewhere does not constitute doing business to the extent necessary to require it to be licensed in this or any other state. ... We find that the defendant was not “doing business” within the meaning of 28 U.S.C. § 1391(c).
Read the full opinion on CourtListener →

Law changed since Pub. L. 100-702 (effective Feb. 17, 1989) replaced § 1391(c)’s incorporated, licensed, or doing-business corporate residence test with a personal-jurisdiction test.

Section 1391(c) requires factual support to establish that a corporation was doing business in a district for venue purposes; a conclusory allegation is insufficient.

American Telephone & Telegraph Co. v. Milgo Electronic Corp. · filed 1977-01-19(c)

We will not at this time accept this theory because ICC has only made the conclusory allegation that it was “doing business” in Kansas ... and has supplied no factual support for such conclusion — either by affidavit or otherwise.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation as residing, for venue purposes, in any district where it is incorporated, licensed to do business, or doing business.

Tenneco Oil Co. v. Elynnwood Supply Co. · filed 1977-02-17(c)

For venue purposes, a corporation is a resident of any district in which it is incorporated, or licensed to do business, or is doing business. ... Accordingly, Defendant resides in all districts of Oklahoma for purposes of establishing venue. On this basis, venue is proper in this Court under 28 U.S.C. § 1391.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) defines where a corporation resides for venue purposes; it does not prevent suit where the claim arose under § 1391(b).

Stephenson v. Jordan Volkswagen, Inc. · filed 1977-03-15(c)

The purpose of § 1391(c) is to determine the residence of a corporation for purposes of applying § 1391(b). Congress obviously did not intend that corporations be amenable to suit only where they reside, while leaving all other defendants amenable to suit where claims arose as well as where they reside.
Read the full opinion on CourtListener →

Section 1391(b) permits venue where both defendants reside, and subsection (c) treats a corporation as residing where it is incorporated or licensed to do business.

Sanyo Elec. Trading Co., Ltd. v. Masco Corp. · filed 1977-04-21(b), (c)

Venue in the Southern District of Indiana is also appropriate under 28 U.S.C. § 1391(b) which requires that the action be brought in a district where both Masco and Indiana reside. The residence of a corporation for purposes of 28 U.S.C. § 1391(b) is determined by reference to 28 U.S.C. § 1391(c) which provides that a corporation is a resident where it is either incorporated or licensed to do business. Thus, it is clear that this action could have been brought in the Southern District of Indiana.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) expands Jones Act venue to districts where a corporate defendant is incorporated, licensed to do business, or doing business.

Davis v. Hill Engineering, Inc. And Williams-Mcwilliams Co., Inc., Defendants · filed 1977-06-17(c)

Thus, venue is expanded under the Act to include districts in which the defendant is incorporated, licensed to do business, or doing business.
Read the full opinion on CourtListener →

Law changed since Same change as noted above.

Section 1391(c) treats a corporation as residing in any district where it is incorporated, licensed to do business, or doing business.

Bussey v. Safeway Stores, Inc. · filed 1977-06-30(c)

For venue purposes, a corporation is a resident of any district in which it is incorporated, or licensed to do business, or is doing business. ... Accordingly, the Court finds that Defendant resides in all districts of Oklahoma for the purposes of establishing venue as it appears from the record that Defendant is a corporation authorized to do business in Oklahoma and does business throughout the state.
Read the full opinion on CourtListener →

Section 1391(c) treats a corporation as residing in a district where it does business for venue purposes, including in a Jones Act suit.

Amelia Zamora Demateos, Administratrix of the Estate of Theodore Reyes, Deceased v. Texaco, Inc. And Texaco Panama, Inc · filed 1977-08-12(c)

It incorporates the venue provision of 28 U.S.C. § 1391(c) which allows suit against a corporation in any judicial district in which it is incorporated or licensed to do business or is doing business, and such judicial district shall be regarded as the residence of such corporation for venue purposes. ... Thus the Eastern District of Pennsylvania was a permissible venue.
Read the full opinion on CourtListener →

Notes 301–450 of 8,639, oldest cases first.

Which of these rulings fit your facts?

Describe your situation under 28 U.S.C. § 1391. Ezel checks it against the cases on this page and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace