28 U.S.C. § 1391 – Paul Mollica's Federal Courts Blog

The Sixth Circuit, Adding to A Circuit Split, Holds That the Plaintiff Has the Burden of Establishing Venue Under 28 U.S.C. § 1391

In Tobien v. Nationwide Gen. Ins. Co., No. 24-5575 (6th Cir. Apr. 2, 2025), the Sixth Circuit follows the majority rule in holding that on a Fed. R. Civ. P. 12(b)(3) motion to dismiss for improper venue, it is the plaintiff that must prove that their case lies in the district where they filed it.Continue reading “The Sixth Circuit, Adding to A Circuit Split, Holds That the Plaintiff Has the Burden of Establishing Venue Under 28 U.S.C. § 1391”