Piper Aircraft v. Reyno

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Piper Aircraft v. Reyno
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Perth
Blackpool
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Piper Incd Plane Built
Crash Plane Regd Owned Maintained Operated Wrec
k Decedents Heirs Suit v. Other Ds

• Persl Rep
• Piper does business
• Hartzell doesnt do business
• Lawyer

PA
CA
Britain
Hartzell Incd Prop Built
OH
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Britain Survivors Sue Owner Operator Pilots
Estate
In California Ct PR Sues Piper
Hartzell Separate Suits State Court Ds Remove
to Fed Ct
In CA Fed Ct Piper Moves to Transfer to
PA Under 1404(a) Hartzell Moves To dismiss (No
PJ), or To transfer to PA Under 1406
In CA Fed Ct Court Quashes Service on
Hartzell Transfers Entire Case to Pennsylvania.
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Was Venue Proper in the California Federal Court?
Piper Incd Plane Built
Crash Plane Regd Owned Maintained Operated Wrec
k Decedents Heirs Suit v. Other Ds

• Persl Rep
• Piper does business
• Hartzell doesnt do business

PA
CA
Britain
Hartzell Incd Prop Built
OH
6
Venue in Diversity-Only Cases 1391(a)

• If all Ds 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

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Venue in Other Cases 1391(b)

• If all Ds 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

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• If all Ds 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

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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.

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What is the basis for transfer to PA?
Piper Incd Plane Built
Crash Plane Regd Owned Maintained Operated Wrec
k Decedents Heirs Suit v. Other Ds

• Persl Rep
• Piper does business
• Hartzell doesnt do business

PA
CA
Britain
Hartzell Incd Prop Built
OH
11
Piper - 1404(a)
CA COL
Hartzell - 1406
PA COL
What law will the receiving court apply?
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Should PA federal court dismiss based on forum
non conveniens?
Piper Incd Plane Built
Crash Plane Regd Owned Maintained Operated Wrec
k Decedents Heirs Suit v. Other Ds

• Persl Rep
• Piper does business
• Hartzell doesnt do business

PA
CA
Britain
Hartzell Incd Prop Built
OH