Neirbo Co. v. Bethlehem Corp.

2 Analyses of this case by attorneys

  1. A Few Reminders About Venue

    Husch Blackwell LLPClayton BucknerAugust 21, 2023

    ble in situations where neither of the first two requirements can be satisfied.When plaintiffs do not satisfy the venue requirements, even a contractual forum-selection clause will not make venue proper. But, since the requirements are not jurisdictional, venue objections can also be waived if not timely raised.Establishing proper venue requires foresight. Even though a case will not always be dismissed if filed in an improper venue, litigation over where a case can proceed wastes time and resources without getting much in return. And all that effort and expense can be saved simply by working through the statutory requirements ahead of time.See, e.g., Jonas Anderson, Judge Shopping in the Eastern District of Texas, 48 Loyola Univ. L. Rev. 539 (2016); see also Steve Vladeck, The Growing Abuse of Single-Judge Divisions, https://stevevladeck.substack.com/p/18-shopping-for-judges.Venue, Black’s Law Dictionary (11th ed. 2019). 28 U.S.C. § 1391(b).Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, 167–168 (1939). 28 U.S.C. § 1391(b).Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255 (1981) (“[T]here is ordinarily a strong presumption in favor of the plaintiff’s choice of forum, which may be overcome only when the private and public interest factors clearly point towards dismissal and trial in the alternative forum.”).See, e.g., Lee v. Hunt, 410 F. Supp. 329, 332 (M.D. La. 1976). 300 F. Supp. 3d 151 (D.D.C. 2018).See Atl. Marine Const. Co., Inc. v. U.S. Dist. Court for the W. Dist. of Tex., 571 U.S. 49, 57 (2013).Johnson v. Bryson, 851 F. Supp. 2d 688, 704 (S.D.N.Y. 2012)[View source.]

  2. The Law May Have Changed, But In Texas You’ll Remain

    Fish & Richardson P.C.Aaron PirouzniaFebruary 17, 2018

    Outside of Rules 12(g)(2) and (h)(1), courts have found timely venue objections to be waived where a defendant litigates a case without contesting venue. See, e.g., Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, 167–68 (1939) (holding the right to object to venue “may be lost by failure to assert it seasonably, by formal submission in a cause, or by submission through conduct”). In either case, there is an open question as to the law applicable to questions of waiver.