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2013 SESSION

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HB 1618 Civil cases; conduct of business activity, permissible venue.

Introduced by: C. Todd Gilbert | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Venue in civil cases; conduct of business activity; change of venue. Provides that Category B venue exists where a defendant that is not an individual has its principal office or principal place of business. Currently, Category B venue exists where the president or other chief officer of a defendant that is a corporation resides. The bill also provides that Category B venue exists where a defendant regularly conducts substantial business activity or where such activity was conducted before the defendant's withdrawal from the Commonwealth provided there exists any practical nexus to the forum. There is no current requirement for such a practical nexus. The bill is identical to SB 1337.

SUMMARY AS INTRODUCED:

Venue in civil cases; conduct of business activity; change of venue. Eliminates from the list of Category B venue (permissible venue) the forum where the defendant regularly conducts substantial business activity or where such activity was conducted before the defendant's withdrawal from the Commonwealth. The bill also provides that Category B venue exists where a defendant that is a corporation, partnership, or limited liability company has its principal office or place of business. The bill further provides that a court that has Category A venue (preferred venue) over a case may transfer that case to another forum if there is a lack of a practical nexus between the transferring court and the underlying cause of action.