piper aircraft v. reyno blackpool perth crash plane reg’d owned maintained operated wreck...
Post on 19-Dec-2015
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Piper Aircraft v. Reyno
Blackpool
Perth
CrashPlane Reg’dOwnedMaintainedOperatedWreckDecedentsHeirsSuit v. Other D’s
Hartzell Inc’dProp Built
Piper Inc’dPlane Built
•Pers’l Rep•Piper does business•Hartzell doesn’t do business•Lawyer
BritainPACA
OH
BritainSurvivors Sue
OwnerOperatorPilot’s Estate
In California CtPR SuesPiper & HartzellSeparate SuitsState Court
D’s Remove to Fed Ct
In CA Fed CtPiper Moves to Transfer to PA
Under 1404(a)Hartzell MovesTo dismiss (No PJ), orTo transfer to PA
Under 1406
In CA Fed CtCourtQuashes Service on HartzellTransfers Entire Case to Pennsylvania.
CrashPlane Reg’dOwnedMaintainedOperatedWreckDecedentsHeirsSuit v. Other D’s
Hartzell Inc’dProp Built
Piper Inc’dPlane Built
•Pers’l Rep•Piper does business•Hartzell doesn’t do business
BritainPACA
OH
Was Venue Proper in the California Federal Court?
Venue in “Diversity-Only” Cases 1391(a)
• If all D’s in same state, district in which any D resides; or
• District where substantial part of events or omissions giving rise to the claim occurred; or
• If no other district works, district where any D is subject to pj when action commenced
Venue in Other Cases 1391(b)
• If all D’s in same state, district in which any D resides; or
• District where substantial part of events or omissions giving rise to the claim occurred; or
• If no other district works, district where any D can be found
• If all D’s reside in same state, district in which any D resides; or
• District where substantial part of events giving rise to the claim occurred; or
• If no other district works:
Diversity Fed Question
• district where any D can be found
• district where any D is subject to pj when suit commenced
Corporate Residence – 1391(c)
• For venue purposes only, a corporation resides in any judicial district in which
–It is subject to pj
–At the time suit commenced
• Subject to special rule for multi-district states.
CrashPlane Reg’dOwnedMaintainedOperatedWreckDecedentsHeirsSuit v. Other D’s
Hartzell Inc’dProp Built
Piper Inc’dPlane Built
•Pers’l Rep•Piper does business•Hartzell doesn’t do business
BritainPACA
OH
What is the basis for transfer to PA?
CA COL
Piper - 1404(a)
What law will the receiving court apply?
Hartzell - 1406
PA COL
CrashPlane Reg’dOwnedMaintainedOperatedWreckDecedentsHeirsSuit v. Other D’s
Hartzell Inc’dProp Built
Piper Inc’dPlane Built
•Pers’l Rep•Piper does business•Hartzell doesn’t do business
BritainPACA
OH
Should PA federal court dismiss based on forum non conveniens?