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CEB Prac. Guide § 2B.09: Venue

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District Court (Cal.) Says California TCPA Plaintiff Properly Sued Nevada Defendant in California, But, Since Plaintiff Sought to Represent a Class, Defendant’s Venue Choice of Nevada Controlled

by Scott J. Hyman |

In Neff v. Towbin Dodge LLC, No. 2:20-cv-00261-JAM-DMC, 2020 U.S. Dist. LEXIS 217045 (E.D. Cal. Nov. 18, 2020), Judge Mendez found that a TCPA Plaintiff properly sued in his home venue. The parties agree venue is not proper in the Eastern District of California under § 1391(b)(1), as neither Defendant is a resident of California. See FAC ¶¶ 7-10; Towbin's… Read More

District Court (Fla.) Dismisses TCPA Claim for Improper Venue

by Scott J. Hyman |

In Michaels v. Micamp Merchant Services, 2014 WL 235474 (M.D.Fla. 2014), Judge Dalton affirmed the Magistrate Judge's recommendation that a Florida resident with a Florida area-code cellular telephone number who received calls on that number while temporarily in Pennsylvania from an Arizona defendant could not bring the Action in a Florida District Court. Plaintiff initiated this action on December 16, 2013, alleging… Read More