West Case Update

Jurisdiction and Venue Proper in Home State of Plaintiff

Description Appeals court held that a Nevada resident properly established jurisdiction and venue in federal court in Nevada in a suit filed against a Utah business for violating federal credit law. While the Utah firm did not enter Nevada, its actions were directed at residents of Nevada.

Topic Court Procedure

Key Words Federal Question; Personal Jurisdiction; Venue

C A S E S U M M A R Y

Facts Bennett Law Offices, of Utah, ordered a credit report on ARS, a Nevada company owned by the Myers. Myers sued Bennett in federal court in Nevada for violating the Fair Credit Reporting Act (FCRA) for ordering the credit report for an improper purpose. The district court dismissed the suit for lack of personal jurisdiction and improper venue. Myers appealed.

Decision
Reversed. By ordering credit reports on Nevada residents, supposedly in violation of a federal statute, the FCRA, the defendant engaged in conduct expressly aimed at the forum state. The statute creates subject matter jurisdiction. Because the defendant intentionally directed action toward a Nevada resident, the defendant met the contact requirement to establish personal jurisdiction of the federal court in Nevada. There is no compelling circumstance to render exercise of jurisdiction in Nevada unreasonable. The fact that an alternative forum is available in Utah does not mean that it must be used by plaintiff. Similarly, venue is proper in Nevada.

Citation Myers v. The Bennett Law Offices, 238 F.3d 1068 (9th Cir., 2000)

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Jurisdiction and Venue Proper in Home State of Plaintiff
Description	Appeals court held that a Nevada resident properly established jurisdiction and venue in federal court in Nevada in a suit filed against a Utah business for violating federal credit law. While the Utah firm did not enter Nevada, its actions were directed at residents of Nevada.
Topic	Court Procedure
Key Words	Federal Question; Personal Jurisdiction; Venue
C A S E S U M M A R Y
Facts	Bennett Law Offices, of Utah, ordered a credit report on ARS, a Nevada company owned by the Myers. Myers sued Bennett in federal court in Nevada for violating the Fair Credit Reporting Act (FCRA) for ordering the credit report for an improper purpose. The district court dismissed the suit for lack of personal jurisdiction and improper venue. Myers appealed.
Decision	Reversed. By ordering credit reports on Nevada residents, supposedly in violation of a federal statute, the FCRA, the defendant engaged in conduct expressly aimed at the forum state. The statute creates subject matter jurisdiction. Because the defendant intentionally directed action toward a Nevada resident, the defendant met the contact requirement to establish personal jurisdiction of the federal court in Nevada. There is no compelling circumstance to render exercise of jurisdiction in Nevada unreasonable. The fact that an alternative forum is available in Utah does not mean that it must be used by plaintiff. Similarly, venue is proper in Nevada.
Citation	Myers v. The Bennett Law Offices, 238 F.3d 1068 (9th Cir., 2000)