Topic: because it is the plaintiffs obligation to institute the ac… · Go Syfert
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Topic #3383

7 canonical passages across 5 cases, quoted by 94 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Freeman v. Fallin.

#Case FlagCanonical passage Citers
1 Freeman v. Fallin Anchor
dcd · 2003
green “because it is the plaintiffs obligation to institute the action in a permissible forum, the plaintiff usually bears the burden of establishing that venue is proper.” 29
2 Williams v. GEICO CORP.
dcd · 2011
green “unless there are pertinent factual disputes to resolve, a challenge to venue presents a pure question of law.” 19
3 Williams v. GEICO CORP.
dcd · 2011
green “pertinent factual disputes to resolve, a challenge to venue presents a pure question of law.” 13
4 Khalil v. L-3 COMMUNICATIONS TITAN GROUP
dcd · 2009
green “when an objection has been raised, the burden is on the plaintiff to establish that the district he or she has chosen is a proper venue.” 9
5 James v. VERIZON SERVICES CORP.
dcd · 2009
green “accepts the plaintiffs well-pled factual allegations regarding venue as true, draws all reasonable inferences from those allegations in the plaintiffs favor and resolves any factual conflicts in the plaintiffs favor.” 9
6 Pendleton v. Mukasey
dcd · 2008
green “accepts the plaintiffs well-pled factual allegations regarding venue as true, draws all reasonable inferences from those allegations in the plaintiffs favor, and resolves any factual conflicts in the plaintiffs favor.” 8
7 Khalil v. L-3 COMMUNICATIONS TITAN GROUP
dcd · 2009
green “to prevail on a motion to dismiss for improper venue, the defendant must present facts that will defeat the plaintiffs assertion of venue.” 7

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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