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28 U.S.C. § 1401 — Stockholder’s derivative action

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1401 — Stockholder’s derivative action

Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants.

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Stable record: federal_law:legal_authorities:record_usc_03c0eabdc98259c03071a6ea
Source file: Laws/federal/codes/united-states-code/title-28/section-1401-stockholders-derivative-action--133fedc64a.md
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Source location: Title 28, Chapter 87, § 1401; chapter-087-district-courts-venue.md

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Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1391 — Venue generally

**(a) Applicability of Section.—** Except as otherwise provided by law— (1) this section shall govern the venue of all civil actions brought in district courts of the United States; and (2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature. **(b) Venue in General.—** A civil action may be brought in— (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. **(c) Residency.—** For all venue purposes— (1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled; (2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and (3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1391

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 112 — New York

New York is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of New York.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1401 — Stockholder’s derivative action

Page 390 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1401 1988—Subsec. (a). Pub. L. 100–702 inserted ‘‘or exclu- sive rights in mask works’’ after ‘‘copyrights’’. § 1401. Stockholder’s derivative action Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judi- cial district where the corporation might have sued the same defendants. (June 25, 1948, ch. 646, 62 Stat. 936.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 112 (part) (Mar. 3, 1911, ch. 231, § 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, § 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213). For disposition of other provisions of section 112 of title 28, U.S.C., 1940 ed., see reviser’s note under section 1391 of this title. Words ‘‘civil action’’ were substituted for ‘‘suit,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Words ‘‘other than said corporation,’’ after ‘‘same de- fendants,’’ were omitted as superfluous. Obviously a corporation would not be suing itself. Changes were made in phraseology. § 1402. United States as defendant (a) Any civil action in a district court against the United States under subsection (a) of section 1346 of this title may be prosecuted only: (1) Except as provided in paragraph (2), in the judicial district where the plaintiff resides; (2) In the case of a civil action by a corpora- tion under paragraph (1) of subsection (a) of sec- tion 1346, in the judicial district in which is lo- cated the principal place of business or principal office or agency of the corporation; or if it has no principal place of business or principal office or agency in any judicial district (A) in the judi- cial district in which is located the office to which was

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