Piper Aircraft v. Reyno Blackpool Perth Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s Hartzell Inc’d Prop Built.

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Presentation transcript:

Piper Aircraft v. Reyno

Blackpool Perth

Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s Hartzell Inc’d Prop Built Piper Inc’d Plane Built Pers’l Rep Piper does business Hartzell doesn’t do business Lawyer Britain PA CA OH

Britain Survivors Sue Owner Operator Pilot’s Estate In California Ct PR Sues Piper & Hartzell Separate Suits State Court D’s 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.

Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s Hartzell Inc’d Prop Built Piper Inc’d Plane Built Pers’l Rep Piper does business Hartzell doesn’t do business Britain PA CA 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: DiversityFed 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.

Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s Hartzell Inc’d Prop Built Piper Inc’d Plane Built Pers’l Rep Piper does business Hartzell doesn’t do business Britain PA CA OH What is the basis for transfer to PA?

CA COL Piper (a) What law will the receiving court apply? Hartzell PA COL

Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s Hartzell Inc’d Prop Built Piper Inc’d Plane Built Pers’l Rep Piper does business Hartzell doesn’t do business Britain PA CA OH Should PA federal court dismiss based on forum non conveniens?