Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Hillis v. Heineman, No. 09-17040

By FindLaw Staff on November 22, 2010 8:23 AM

Dismissal for Improper Venue Affirmed

In Hillis v. Heineman, No. 09-17040, a securities fraud action, the court affirmed the dismissal of the complaint for improper venue where a defendant who files a counterclaim or a third-party complaint does not waive the asserted defense of improper venue under Federal Rule of Civil Procedure 12(b)(3).

 

As the court wrote:  "We must decide whether a defendant who files a counter-claim or a third-party complaint waives the asserted defense of improper venue under Federal Rule of Civil Procedure 12(b)(3). We hold that filing a counterclaim or a third-party complaint does not waive the defense of improper venue."

Related Resources

Copied to clipboard

Find a Lawyer

More Options