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Hillis v. Heineman, No. 09-17040

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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."

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