Hillis v. Heineman, No. 09-17040

Dismissal for Improper Venue Affirmed

In Hillis v. Heineman, No. 09-17040, a securities fraud action, the court affirmed the dismissal of the complaint for improper venue where a defendant who files a counterclaim or a third-party complaint does not waive the asserted defense of improper venue under Federal Rule of Civil Procedure 12(b)(3).

As the court wrote:  "We must decide whether a defendant who files a counter-claim or a third-party complaint waives the asserted defense of improper venue under Federal Rule of Civil Procedure 12(b)(3). We hold that filing a counterclaim or a third-party complaint does not waive the defense of improper venue."

Related Resources

• Read the Ninth Circuit's Decision in Hillis v. Heineman, No. 09-17040