William P. Hapaniewski & Edward Janski v. City of Chicago Heights, a Mun. Corp., 883 F.2d 576 (7th Cir. 1989). · Go Syfert
William P. Hapaniewski & Edward Janski v. City of Chicago Heights, a Mun. Corp., 883 F.2d 576 (7th Cir. 1989). Cases Citing This Book View Copy Cite
52 citation events (30 in the last 25 years) across 24 distinct courts.
Strongest positive: Washington v. Van Lanen (wied, 2022-06-09)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Washington v. Van Lanen
E.D. Wis. · 2022 · quote attribution · 1 verbatim quote · confidence high
under 1406(a), a district court may transfer a case brought in the wrong division or district if it is in the interest of justice to do so. a district court must dismiss such a suit if it denies the transfer.
examined Cited as authority (verbatim quote) Washington, Lydell v. Van Lanen, Jay
W.D. Wis. · 2022 · quote attribution · 1 verbatim quote · confidence high
under 1406(a), a district court may transfer a case brought in the wrong division or district if it is in the interest of justice to do so. a district court must dismiss such a suit if it denies the transfer.
discussed Cited as authority (verbatim quote) (PS) Greene v. Price Self Storage West LA, LLC
E.D. Cal. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
review on appeal of 2 the district court's judgment not to transfer is limited to whether the district court clearly abused 3 its discretion
discussed Cited as authority (verbatim quote) Roth Grading, Inc. v. Martin Brothers Construction
E.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
ersonal jurisdiction over the defendant is not a prerequisite for district courts to utilize the transfer provision in 1406(a).
cited Cited as authority (rule) Jeremy Garnier v. Ryan Upchurch
S.D. Ill. · 2025 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989).
cited Cited as authority (rule) Jeremy Garnier v. Ryan Upchurch
M.D. Tenn. · 2025 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989).
cited Cited as authority (rule) NALABOTU v. OMNIA INVESTMENT ADVISORS LLC
S.D. Ind. · 2024 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 580 (7th Cir. 1989) (citing Saylor v. Dyniewski, 836 F.2d 341, 345 (7th Cir. 1988)).
cited Cited as authority (rule) Moore v. HUB Group, Inc.
S.D. Ill. · 2024 · confidence medium
Heights, 883 F.2d 576, 579 (7th Cir. 1989).
cited Cited as authority (rule) Moore v. HUB Group, Inc.
D. Del. · 2024 · confidence medium
Heights, 883 F.2d 576, 579 (7th Cir. 1989).
discussed Cited as authority (rule) Kirksey v. Parker
E.D. Wis. · 2022 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989) (citation omitted) (“Under § 1406(a), a district court may transfer a case brought in the wrong division or district if it is in the interest of justice to do so.
discussed Cited as authority (rule) Kirksey, Terrance v. Correctional Officer Parker
W.D. Wis. · 2022 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989) (citation omitted) (“Under § 1406(a), a district court may transfer a case brought in the wrong division or district if it is in the interest of justice to do so.
cited Cited as authority (rule) Thompson Corrugated Systems, Inc. v. Engico S.r.l.
S.D. Ill. · 2020 · confidence medium
Dist. of Tex., 571 U.S. 49, 55 (2013); Van Dusen v. Barrack, 376 U.S. 612, 634 (1964); Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989).
discussed Cited as authority (rule) Left Coast Cellars, LLC v. Left Coast Brewing Co.
D. Colo. · 2019 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989), cert. denied, 493 U.S. 1071 (1990); see also Goldlawr, Inc. v. Heiman, 369 U.S. 463, 466 (1962) (“The language of § 1406(a) is amply broad enough to authorize the transfer of cases, however wrong the plaintiff may have been in filing his case as to venue, whether the court in which it was filed had personal jurisdiction over the defendant or not.”).
discussed Cited as authority (rule) Copeland v. Tom's Foods, Inc.
7th Cir. · 2012 · confidence medium
See Bethesda Lutheran Homes & Servs., Inc. v. Born, 238 F.3d 853, 859 (7th Cir.2001); Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 580-81 (7th Cir. 1989); Cannon v. Loyola Univ. of Chi., 784 F.2d 777, 782 (7th Cir.1986); Kountze ex rel.
discussed Cited as authority (rule) Faur v. Sirius International Insurance
N.D. Ill. · 2005 · confidence medium
As stated, 28 U.S.C. § 1406 permits a district court either to dismiss a case brought in an improper district or, “if it be in the interest of justice,” to transfer such a case to “any district or division in which it could have been brought.” 28 U.S.C. § 1406 (a); Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989).
discussed Cited as authority (rule) Continental Insurance Company v. M/v Orsula, Her Engines, Boilers, Etc., Fednav International Ltd., and Atlant Adria Corporation (2×)
7th Cir. · 2003 · confidence medium
Our review of the district court’s application of the “interest of justice” standard is for a “clear abuse of discretion.” Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir.1999); Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989).
discussed Cited as authority (rule) Continental Insur Co v. M/V Orsula (2×)
7th Cir. · 2003 · confidence medium
Our review of the district court’s application of the “interest of justice” stand- ard is for a “clear abuse of discretion.” Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999); Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989).
cited Cited as authority (rule) Schultz v. Ary
W.D. Mich. · 2001 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989), cert. denied, 493 U.S. 1071 , 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990).
cited Cited as authority (rule) Allied Sound, Inc. v. Dukane Corp.
M.D. Tenn. · 1996 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 578 (7th Cir.1989), cert. denied, 493 U.S. 1071 , 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990).
discussed Cited as authority (rule) McDonald v. Doolittle
D. Kan. · 1995 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989), cert. denied, 493 U.S. *235 1071, 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990); see Goldlawr, Inc. v. Heiman, 369 U.S. 463, 466 , 82 S.Ct. 913, 916 , 8 L.Ed.2d 39 (1962) (“The language of § 1406(a) is amply broad enough to authorize the transfer of cases, however wrong the plaintiff may have been in filing his case as to venue, whether the court in which it was filed had personal jurisdiction over the defendant or not.”).
discussed Cited as authority (rule) Vandeveld v. Christoph
N.D. Ill. · 1995 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989), cert. denied, 493 U.S. 1071 , 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990) (citing Saylor v. Dyniewski, 836 F.2d 341, 345 (7th Cir.1988)).
cited Cited as authority (rule) Charlesworth v. Marco Manufacturing Co.
N.D. Ind. · 1995 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989).
cited Cited as authority (rule) L.H. Carbide Corp. v. Piece Maker Co.
N.D. Ind. · 1994 · confidence medium
Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989), cert. denied, 493 U.S. 1071 , 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990).
discussed Cited as authority (rule) Holmgren v. Allen (2×)
N.D. Ill. · 1994 · confidence medium
“Under 28 U.S.C. § 1406 (a), a district court may ‘transfer a case brought in the wrong division or district if it is ‘in the interest of justice’ to do so.” Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989), cert. denied, 493 U.S. 1071 , 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990) (citing Saylor v. Dyniewski 836 F.2d 341, 345 (7th Cir.1988)).
discussed Cited as authority (rule) Michael R. Friend v. Dewey Sowders John Parker
6th Cir. · 1993 · confidence medium
Hapaniewski v. Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989), cert. denied, 493 U.S. 1071 (1990); Cote v. Wadel, 796 F.2d 981, 985 (7th Cir.1986); Naartex Consulting Corp. v. Watt, 722 F.2d 779, 789 (D.C.Cir.1983), cert. denied, 467 U.S. 1210 (1984).
discussed Cited as authority (rule) Griffin v. Dana Point Condominium Ass'n
N.D. Ill. · 1991 · confidence medium
That is the uniform teaching of such Seventh Circuit cases as Cote v. Wadel, 796 F.2d 981, 984-85 (7th Cir.1986), Saylor v. Dyniewski, 836 F.2d 341, 345 (7th Cir.1988) and Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579-80 (7th Cir.1989) — even where the price paid for dismissal is a death knell for the plaintiffs claim because the limitations clock has run out.
discussed Cited as authority (rule) Griffin v. Dana Point Condominium Ass'n
N.D. Ill. · 1991 · confidence medium
Indeed, had the filing situation been reversed so that Seventh Circuit rather than Eighth Circuit law controlled, there was powerful precedent supporting that position, even though dismissal of the action would have barred a refiling because the statute of limitations had run in the meantime (see such cases as Cote v. Wadel, 796 F.2d 981, 984-85 (7th Cir.1986) dealing with a Section 1404(a) motion, and in the related context of Section 1406(a) see such cases as Saylor v. Dyniewski, 836 F.2d 341, 345 (7th Cir.1988) and Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579-80 (7th Cir.1989))…
discussed Cited as authority (rule) Northern Kentucky Welfare Rights Ass'n v. Wilkinson
6th Cir. · 1991 · confidence medium
Hapaniewski v. Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989), cert. denied, 110 S.Ct. 1116 (1990); Cote v. Wadel, 796 F.2d 981, 985 (7th Cir.1986); Naartex Consulting Corp. v. Watt, 722 F.2d 779, 789 (D.C.
discussed Cited as authority (rule) Vista Manufacturing, Inc. v. Trac-4, Inc.
N.D. Ind. · 1990 · confidence medium
Because the imposition of sanctions for a violation of Rule 11 is mandatory and the court may do so on its own motion, however, see Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 580 (7th Cir.1989), cert. denied, — U.S. —, 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990), the court must evaluate whether Trac-4’s motion violated Rule 11.
discussed Cited as authority (rule) Kinney v. Anchorlock Corp.
N.D. Ill. · 1990 · confidence medium
Goldlawr, Inc. v. Heiman, 369 U.S. 463, 466 , 82 S.Ct. 913, 915 , 8 L.Ed.2d 39 (1962) (§ 1406 authorizes transfer "whether the court in which it was filed had personal jurisdiction over the defendants or not"); Hapaniewski v. City of Chicago, 883 F.2d 576, 579 (7th Cir.1989) ("personal jurisdiction over the defendant is not a prerequisite for district courts to utilize the transfer provision in § 1406(a)"), cert. denied, — U.S. -, 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990). 8 .
cited Cited "see" Sweigert v. Goodman
S.D.N.Y. · 2023 · signal: see · confidence high
See Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989).
cited Cited "see" Sweigert v. Multimedia System Design, Inc.
E.D. Mich. · 2023 · signal: see · confidence high
See Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989).
cited Cited "see" Sweigert v. Goodman
E.D. Mich. · 2022 · signal: see · confidence high
See Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989).
cited Cited "see" Sweigert v. Goodman
S.D.N.Y. · 2022 · signal: see · confidence high
See Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989).
cited Cited "see" Collazo v. Enterprise Holdings, Inc.
N.D. Ind. · 2011 · signal: see · confidence high
See Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989); Cote v. Wadel, 796 F.2d 981, 985 (7th Cir.1986).
cited Cited "see" First of Michigan Corporation Michael Sobol v. Carlton Bramlet Dolores M. Bramlet
1st Cir. · 1998 · signal: see · confidence high
See Friend v. Sowders, 7 F.3d 233 , 1993 WL 389813 at *2 (6th Cir. October 1, 1993) (citing Hapaniewski v. Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989)).
discussed Cited "see" Big Island Yacht Sales, Inc. v. Dowty
D. Haw. · 1993 · signal: see · confidence high
See Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989), ce rt. denied, 493 U.S. 1071 , 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990); Costlow v. Weeks, 790 F.2d 1486, 1487 (9th Cir.1986); General Elec.
cited Cited "see" McTyre v. Broward General Medical Center
D.N.J. · 1990 · signal: accord · confidence high
Accord, Hapaniewski v. City of Chicago Heights, 883 F.2d 576 (7th Cir. 989).
cited Cited "see" Gould, Inc. v. Mitsui Mining & Smelting Co.
N.D. Ohio · 1990 · signal: see · confidence high
See Hapaniewski v. City of Chicago Heights, 684 F.Supp. 1011, 1016 (N.D.Ind.1988), aff'd, 883 F.2d 576 (7th Cir. 1989); Coburn Optical Indus.
cited Cited "see, e.g." In Re Pickeral
D.D.C. · 2001 · signal: see also · confidence low
See also Hapaniewski v. City of Chicago Heights, 883 F.2d 576 (7th Cir.1989); Saylor v. Dyniewski, 836 F.2d 341, 345 (7th Cir.1988).
cited Cited "see, e.g." In Re Henderson
Bankr. N.D. Ala. · 1996 · signal: see also · confidence medium
See, also Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989) (sua sponte dismissal where motion to transfer denied).
discussed Cited "see, e.g." Consolidated Insurance v. Vanderwoude
N.D. Ind. · 1995 · signal: see also · confidence medium
CMIC’s objection to venue allows this court, if it would serve the interest of justice, to transfer this action, sua sponte, to a district in which it could have been brought. 28 U.S.C. § 1406 (a); Concession Consultants, Inc. v. Mirisch, 355 F.2d 369 , 271-72 n. 3 (2d Cir.1966); see also Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir.1989).
discussed Cited "see, e.g." Sharon L. Nichols, David R. Nichols, Virginia Ann Callan, Charles Oliver Richardson, Iii, Marilyn Goodman, Thomas J. Goodman, Debra A. Lopez, Rudolph Lopez, Sharon Ruth Anderson, Rosemary Madrid Castaneda, Jesse Castaneda, Karen Leslie-Lloyd, Jacqueline Templin, Katherine Galati Novick, Karen Janet Davis, Peggy Lee Patterson, Michelle James, Patricia Ann Ehlert, Dana Messerly, Raymond Leroy Messerly, Susan Gail Parlon, Alicia Roberts, Lindsy Gail Syroid, Barbara Ruth Ames, Susan Partridge, David Partridge, Ruby Carolina Larabie, Deanna H. Robb, Carmen Callier, Anna Caruso, Cynthia Isabelle, Jean Claude Isabelle, Nancy Delsanto, James Delsanto, Barbara Hayden, Norman Hayden, Deborah Ann Muscato, Stoina Hibbard, Michael Hibbard, Denise K. Liberman, Gayle E. Donnelly, Martha Caust-Moran, Pascal Moran, Roberta Walls, Charles Walls, Linda Phillips, Susan Lee Smirl Krupa, Karen Prewitt, Janet Rae Fergonese, Wanda S. McAlister Tamara M. Felix, Felicitas L. Singer, Thomas J. Singer, Nichole Cohen Blair, Mary Ina Delisle Courville, George Vincent Courville, Prisuave Walker, Mark Dale Walker, Gail R. Zucker, Kenneth Jay Wolf, Roberta Fryer, Sharon P. Loftus, Michael J. Loftus, Ii, Janet Lynn Billings, Julia Mae Lambert Thaxton, Pauline Johnson, Catherine Evans, Cheryl Smith, Michael Smith, Nancy Daru Yaeli, Ron Thomas Yaeli, Barbara Helm-Gottsleben, Harriet Birnbaum Helberg, Sandy Morris Helberg, Nancy Frisch, Paul Frisch, Linda Jo McCarver Byron Marvin McCarver Sandra Carol Smith, Joseph James Smith, Debbie Dolores Stallings, John Francis Stallings, Jr., Carol A. Lofquist Cummins, Dirk P. Cummins, Lilyan Chrappa-Spool, Roger Owen Spool, Bonnie Eugenia Crownover, George Donald Crownover, Jr., Joyce Elaine Andrew-Lavage, William Michael Andrew-Lavage, Cynthia Corrine Hand, Michael Joseph Tracy, Monica Gay Ward, Cheryl Jane Gerhart, Ronald Scott Gerhart, Cindy Fohn Coleman, Kyle Howard Coleman, Janet Stein, Catherine Susan Larosa, Susan Lynn Pusep, Nancy Peeler Sheehan, Charles M. Sheehan, Irene Sylvia Angelico, Abbey Jack Neidik, Elsie Espana, Elio Espana, Gayle Peterson v. G.D. Searle & Company Searle Laboratories, a Division of Searle Pharmaceuticals, Incorporated, Patricia Amos, Kimberly Barnes, Robin Barrow, Graham John Barrow, Teresa Ann Belcher, Jack William Belcher, Betty Mae Bennett, Betsy Breneman, Brenda K. Briggle, Deborah Burnett, Joseph Burnett, Ann Cheslaw, Rebecca Craig, James Craig, Darla Decker, Barbara Durand, Yolande Etosh, Patricia Fowler, Carolina Lee Fridrich, Naomi Goldstein, Charlene Graham-Gold, Martin Ian Gold, Christine Haw, Janet Hillen, Trudy Holtz, Johann Holtz, Janet Chappell Jacobs, Glendon C. Jacobs, Tammy Johnson, Charlene Krueger, Debbie Kaye Lemons, Stanley Eugene Lemons, Eva Morris, Edward Michael Morris, Michelle O'brien, Michael O'brien, Rebecca Israel Omoto, Shelly Penkala, Pamela Peterson Perkins, Leonard Perkins, Jr., Priscilla King Randall, Russell Floyd Randall, Debra Reynolds, Timothy Lee Reynolds, Rhoda Richardson, Brenda Riser, Kathy Rogers, Antoinette Mikrut, Gail Sanders, Jeanette Romano Snell, Patricia Sontag, Edward William Neuhueller, Judith Spalla, Frederick Thomas Spalla, Kathy Ann Taylor, Jennifer Tinnen, Robert D. Tinnen, Dore Wagner, Lynette Gail White, Kim Raymond White, and Karen B. Burke, Richard Walter Welgar, Helen Dingler, Doris Jefferson, Georgine Lane, Debra Lester, Sheryl Martin, Johnny Rae Martin, Doris Mason, William Mason, Theresa McHaffie Haine Edward McHaffie Ii, Patricia Pelczarski Joseph Pelczarski, Nancy Perkins, James Perkins, Evelyn Rich, Alan Samuel Rich, Ann Marie Waddell, Pamm Wedekemper Sanda Hawkins, Individually and as Guardian for Tamika Wilkinson and as Representative for the Estate of Pamela Wilkinson v. G.D. Searle & Company, Searle Pharmaceuticals, Incorporated
4th Cir. · 1993 · signal: see also · confidence medium
Spar, Inc. v. Information Resources, Inc., 956 F.2d 392, 394 (2d Cir.1992); Deleski v. Raymark Industries, Inc., 819 F.2d 377, 381 (3d Cir.1987); Cote v. Wadel, 796 F.2d 981, 985 (7th Cir.1986); Wood v. Santa Barbara Chamber of Commerce, Inc., 705 F.2d 1515, 1523 (9th Cir.1983), cert. denied, 465 U.S. 1081 , 104 S.Ct. 1446 , 79 L.Ed.2d 765 (1984); Dubin v. United States, 380 F.2d 813 , 816 n. 5 (5th Cir.1967); see also Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579-80 (7th Cir.1989), cert. denied, 493 U.S. 1071 , 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990); Saylor v. Dyniewski, 836 F.2…
discussed Cited "see, e.g." Nichols v. G.D. Searle & Co.
4th Cir. · 1993 · signal: see also · confidence medium
Spar, Inc. v. Information Resources, Inc., 956 F.2d 392, 394 (2d Cir.1992); Deleski v. Raymark Industries, Inc., 819 F.2d 377, 381 (3d Cir.1987); Cote v. Wadel, 796 F.2d 981, 985 (7th Cir.1986); Wood v. Santa Barbara Chamber of Commerce, Inc., 705 F.2d 1515, 1523 (9th Cir.1983), cert. denied, 465 U.S. 1081 , 104 S.Ct. 1446 , 79 L.Ed.2d 765 (1984); Dubin v. United States, 380 F.2d 813 , 816 n. 5 (5th Cir.1967); see also Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579-80 (7th Cir.1989), cert. denied, 493 U.S. 1071 , 110 S.Ct. 1116 , 107 L.Ed.2d 1023 (1990); Saylor v. Dyniewski, 836 F.2…
Retrieving the full opinion text from the archive…
William P. HAPANIEWSKI and Edward Janski, Plaintiffs-Appellants,
v.
CITY OF CHICAGO HEIGHTS, a Municipal Corporation; Et Al., Defendants-Appellees
88-1960.
Court of Appeals for the Seventh Circuit.
Aug 25, 1989.
883 F.2d 576
Edward L. Janski, Chicago, Ill., Steve H. Tokarski, Schererville, Ind., for plaintiffs-appellants., Linley E. Pearson, Atty. Gen., Office of the Atty. Gen., Indianapolis, Ind., for defendants-appellees.
Manion, Kanne, Pell.
Cited by 46 opinions  |  Published
PELL, Senior Circuit Judge.

Plaintiffs-appellants William Hapaniew-ski (“Hapaniewski”) and Edward Janski (“Janski”) appeal the district court’s denial of their motion to transfer venue and extend time to perfect service of process. They also appeal the district court’s dismissal of their complaint, entry of sanctions against them pursuant to Fed.R.Civ.P. 11, and denial of their emergency Fed.R.Civ.P. 60(b) motion to reconsider their request to transfer venue and extend time to perfect service.

I.

On April 13, 1981, Hapaniewski filed suit against the City of Chicago Heights (“City”) in Illinois state court, claiming violations under state and federal statutory law (42 U.S.C. § 1983) and under the state and federal constitutions. [1] On City’s motion, the Illinois trial court dismissed Ha-paniewski’s claims as time-barred by a two-year statute of limitations. The Illinois Appellate Court affirmed, and a subsequent petition for rehearing and motion for[*578] leave to appeal to the Illinois Supreme Court were denied.

On February 12, 1987, Hapaniewski filed a complaint in federal district court reciting the same four counts from the state court action but adding two new counts against the judges in the state trial and appellate courts. Although the complaint recited “Northern District of Illinois — Eastern Division” as its heading, the complaint was actually filed in the “Northern District of Indiana — Hammond Division.” (Civil No. 87-C-105). In April of 1987, Hapaniewski filed a petition for a writ of certiorari to the United States Supreme Court. On July 28, 1987, the United States District Court for the Northern District of Indiana — Hammond Division issued a Rule 36(b) Notice which indicated that the complaint would be dismissed unless good cause could be shown why service of process had not been made on the defendants within the required 120-day period. See N.D.Ind. Local Rule 36(b).

On August 5, 1987, both Hapaniewski and Janski (who are brothers and attorneys) filed responses in the Northern District of Indiana — Hammond Division, asking for an additional thirty days to perfect service of process. Two weeks later, Jan-ski obtained approval to act as counsel until local counsel could be retained. At the granting of this motion, the court directed that Hapaniewski had until September 16, 1987 to perfect service. On September 14, 1987, however, Hapaniewski filed a motion seeking to have the court transfer venue “in the interest of justice” under 28 U.S.C. § 1406(a), and also requesting an additional thirty-day extension to perfect service of process. On October 5, 1987, while the motion to transfer was pending, the United States Supreme Court vacated the Illinois Appellate Court’s judgment which had affirmed the dismissal of Hapaniewski’s state court case on statute of limitation grounds. Hapaniewski v. City of Chicago Heights, 484 U.S. 806, 108 S.Ct. 53, 98 L.Ed.2d 17 (1987) (remanded in light of Goodman v. Lukens Steel Company, 482 U.S. 656, 107 S.Ct. 2617, 96 L.Ed.2d 572 (1987)).

On April 17, 1988, the United States District Court for the Northern District of Indiana — Hammond Division filed its judgment denying the motion to transfer venue, dismissing the action, and imposing sanctions on both Hapaniewski and Janski. 684 F.Supp. 1011 (N.D.Ind.1988). The court denied the motion to transfer venue because it found: (1) the plaintiffs easily could have filed their complaint in an Illinois federal district court; (2) the plaintiffs conceded and the court could not disagree that the court could not assert personal jurisdiction in any way over the defendants; (3) the plaintiffs as attorneys should have known that venue was improperly laid; and (4) this error, surfacing seven months after the initial filing of the complaint and five months after the statute of limitations had run, was not the kind of innocent “mistake” found in Goldlawr, Inc. v. Heiman, 369 U.S. 463, 467, 82 S.Ct. 913, 916, 8 L.Ed.2d 39 (1962). The district court also noted that the defendants would “be greatly prejudiced because the statute of limitations ha[d] run and defendants ha[d] not received notice of the suit....”

The court additionally determined that the suit was “frivolous, vexatious and not warranted by existing law....” The court analyzed the three elements required for application of res judicata. See Torres v. Rebarchak, 814 F.2d 1219, 1222 (7th Cir.1987). The court reviewed Illinois case law and concluded that the dismissal by the Illinois state court on statute of limitations grounds “operate[d] as a dismissal on the merits.” (citations omitted). The court reasoned that since the prior Illinois state proceeding had preclusively decided all “issues actually litigated” and also “those issues which could have been litigated,” and since the state court judgment was a final adjudication of the matter, res judicata barred retrial in federal court.

Finally, the district court determined that both Hapaniewski and Janski violated Rule 11 for failing to properly inquire about the legal viability of their claims. The court specifically relied on the “established doctrines of full faith and credit” and res judicata in finding a violation of Rule 11 and imposing a $1,500.00 fine on each attor[*579] ney. The local counsel, Steve H. Tokarski, was not fined because his name did not appear on any document of Hapaniewski’s, but was warned by the court to “not take his position lightly....”

II.

Hapaniewski and Janski filed an emergency motion to reconsider the sanctions order and the denial of the motion to transfer venue, and a motion to stay the order pending appeal. The court denied the request, indicating that res judicata was a valid reason for imposing sanctions on the appellants despite the fact that the Supreme Court vacated the state court decision. The district court reasoned that the Supreme Court’s action did not affect its decision but noted that pursuing the writ of certiorari was the proper method for redressing the state court’s decision. The court also cited the appellants’ failure to file in the proper forum and failure to allege jurisdiction over the defendants as proper reasons for invoking sanctions. Finally, the district court reviewed its decision to dismiss rather than transfer the case, and determined that that decision would not be disturbed. Hapaniewski and Janski timely appealed the district court’s denial of the motion to reconsider pursuant to Fed.R.Civ.P. 60(b), and the prior judgment of the district court.

III.

Hapaniewski and Janski contend that the district court abused its discretion in rejecting their Fed.R.Civ.P. 60(b) emergency motion to vacate the judgment, stay the order imposing sanctions, and reconsider the motion to transfer venue. The standard for reviewing the denial of a Rule 60(b) motion is well-established. We will overturn such a denial only if the district court abused its discretion. See In re Wildman, 859 F.2d 553, 557 (7th Cir.1988) (citing Browder v. Director, Dep’t. of Corrections, 434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 560 n. 7, 54 L.Ed.2d 521 (1978); Mumford v. Bowen, 814 F.2d 328, 329 (7th Cir.1986)). This is the same standard that this court applies to review the denial of the motion to transfer venue pursuant to 28 U.S.C. § 1406(a).

Under 28 U.S.C. § 1406(a), a district court may “transfer a case brought in the wrong division or district if” it is “in the interest of justice” to do so. Saylor v. Dyniewski, 836 F.2d 341, 345 (7th Cir.1988). A district court must dismiss such a suit if it denies the transfer. 28 U.S.C. § 1406(a). However, personal jurisdiction over the defendant is not a prerequisite for district courts to utilize the transfer provision in § 1406(a). Saylor, 836 F.2d at 345 (citing Goldlawr, Inc., 369 U.S. 463, 82 S.Ct. 913; Cote v. Wadel, 796 F.2d 981, 985 (7th Cir.1986)). Nonetheless, our review on appeal of the district court’s judgment not to transfer is limited to whether the district court clearly abused its discretion. Saylor, 836 F.2d at 345 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 237, 102 S.Ct. 252, 256, 70 L.Ed.2d 419 (1981)); see also Cote, 796 F.2d at 985.

In the instant case, Hapaniewski and Janski have not demonstrated that the district court clearly abused its discretion. Collectively, the appellants claim first that they meant to file in Illinois federal court, as evidenced by the heading on the complaint itself, and claim that by some mistake, the document was filed in Indiana. We cannot conclude here that the error in filing was the kind envisioned by the United States Supreme Court in Goldlawr, Inc., 369 U.S. at 467, 82 S.Ct. at 916. Without even questioning their initial intent, the record reveals that Hapaniewski and Janski pursued the federal court action in Indiana despite the fact that two months remained under the statute of limitations for filing in Illinois federal court and despite the fact that they knew that all the parties were residents of Illinois. Hapaniewski and Jan-ski obtained local counsel and sought extensions to attempt to serve process on the defendants. And as the district court noted, it was not until two days before the deadline for effecting service that Hapaniewski and Janski asked to have the action transferred to an Illinois federal court. These actions by the appellants do not reflect a need for a transfer of venue “in the[*580] interest of justice”, and hence do not show that the district court abused its discretion.

The appellants also urge this court to conclude that the running of the statute of limitations alone mandates a transfer of venue “in the interest of justice” under § 1406(a), and that therefore the district court clearly abused its discretion. We have never concluded that § 1406(a) required transfer in every case. Moreover, this court specifically held in Saylor, 836 F.2d at 345, that a dismissal after the statute of limitations had run did not constitute a clear abuse of discretion by the district court. See also Brown v. Grimm, 624 F.2d 58, 59 (7th Cir.1980). In sum, we conclude that the district court did not exceed its discretion in denying the motion to transfer venue or in denying the motion to reconsider that decision.

Hapaniewski and Janski also contend that the district court improperly imposed Rule 11 sanctions on them, and erred in denying their motion to vacate or stay that order. The appellants argue that the district court impermissibly relied on the vacated Illinois Appellate Court judgment in finding that res judicata barred their claims from review in federal court, and that because of res judicata, the action was frivolous and therefore sanctionable.

If the district court’s order imposing sanctions was the only one before this court, this argument might have merit since that order is couched in terms of res judicata. See Magnus Electronics, Inc. v. La Republica Argentina, 830 F.2d 1396 (7th Cir.1987). At the time when the district court imposed the sanctions, the Illinois Appellate Court judgment had already been vacated. Thus, there was no final adjudication in a state court proceeding, and the doctrine of res judicata was inapplicable to Hapaniewski’s claims. See also Traverso v. Penn, 874 F.2d 209 (4th Cir.1989). However, that does not end the matter of whether the district court properly imposed sanctions.

Rule 11 allows district courts, on motion of a party or sua sponte, to impose sanctions on parties or lawyers for signing legal documents which have either been inadequately researched or are not “warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.” Fed.R.Civ.P. 11. The precise standard for reviewing appeals of Rule 11 sanctions is unsettled. See Mars Steel Corp. v. Continental Illinois Nat’l Bank and Trust Co., 880 F.2d 928 (7th Cir.1989) (unpublished order) (en banc hearing held on June 15, 1989 to determine issue of applicable standard of review). [2] This court has utilized three different standards in reviewing the imposition of sanctions. In In re Ronco, 838 F.2d 212, 217 (7th Cir.1988) (cited by Lebovitz v. Miller, 856 F.2d 902, 904 (7th Cir.1988)), this court held that “the legal determination that sanctions are proper is reviewable only for an abuse of discretion.” For this same determination, this court has approved a de novo standard of review. S.A. Auto Lube, Inc. v. Jiffy Lube Intern., Inc., 842 F.2d 946, 948 (7th Cir.1988); Brown v. Federation of State Medical Boards, 830 F.2d 1429, 1434 (7th Cir.1987). Finally, we have dubbed the determination “a judgment call,” deserving of a strictly deferential review. See Federal Deposit Insurance Corp. v. Tefken Const. and Installation Co., 847 F.2d 440, 442-43 (7th Cir.1988); In the Matter of Central Ice Cream Co., 836 F.2d 1068, 1072 (7th Cir.1987). We need not decide which standard is an appropriate one in this case since under even the most favorable standard toward the appellants, we still conclude that the district court’s decision to impose sanctions under Rule 11 was proper.

The district court discussed its decision to impose sanctions in its order denying the Rule 60(b) motion. There, the district court noted that it had relied on the fact that relitigation in federal court was not the proper method for Hapaniewski to test the state court’s proceeding. The district court stated that since the final state court judgment had been vacated, and since the Illi[*581] nois Appellate Court subsequently remanded the action for further proceedings, Ha-paniewski was able to have “his day in court” in the forum he originally chose. As well, it was improper for Hapaniewski and Janski, both attorneys, to persist in the federal litigation while the state action was still in progress at the Supreme Court level. Hapaniewski was bound by his decision to litigate in state court. In addition, the facts surrounding the filing of the complaint and Hapaniewski and Janski’s subsequent conduct, i.e., failing to effectuate service of process or to dismiss the action when service could not be had, certainly warranted the district court’s action.

In sum, we conclude that the district court did not abuse its discretion when it denied the appellants’ motion to reconsider its initial decision to deny transferring venue “in the interest of justice” pursuant to 28 U.S.C. § 1406(a). We also conclude that the district court properly imposed sanctions for Hapaniewski and Janski’s persistence in litigating in the plainly improper federal forum.

The judgment of the district court is hereby AffiRmed.

1

. The counts involved alleged demolition and destruction of Hapaniewski’s property without due process of law.

2

. Since this opinion went to press, Mars Steel Corp. has issued, and the standard of review is now settled in this circuit. 880 F.2d 928 (7th Cir.1989).