piper aircraft v. reyno blackpool perth crash plane reg’d owned maintained operated wreck...

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?