First of Michigan v. Bramlet
6th Cir COA - 1998
- Bramlets alleged that First Michigan failed to provide them with periodic statements of their IRA's value, thereby concealing the account's steady loss until it was too late to mitigate the damage.
- Bramlets wanted to start arbitration. First Michigan filed action in EDMI seeking to enjoin and dismiss the arbitration claims as ineligible for arbitration.
- Bramlets moved to dismiss because of improper venue.
- First Michigan is DE corporation with principal place of business in Michigan. Bramlets are from FL.
- District court dismissed P's cased based on improper venue.
- 6th Cir COA reversed, reinstated the P's case, venue proper.
- What is the correct way to apply the new statute 28 U.S.C. 1391(a) to determine proper venue?
- In diversity of citizenship cases, the P may file his complain in any forum where a substantial part of the events or omissions giving rise to the claim arose. This includes any forum with a substantial connection to the P's claim.
- The fact that substantial activities took place in district B does not disqualify district A as proper venue as long as substantial activities took place in A too. Even if activities in B are more substantial, A is still proper.
- Read the damn statute, district court!