substantial part of the events or omissions giving rise to the claim
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Also known as:substantial part of events or omissions · Brussels I jurisdiction · place of harmful event
Written by attorneys · grounded in primary & secondary sources — see below
A statutory ground for proper venue in a federal civil action. It permits suit in any judicial district where a substantial part of the events or omissions giving rise to the claim occurred or where a substantial part of property that is the subject of the action is situated.
Sources & Authorities· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Casebooks
How it applies
Common Examples
3
Lost Shipment During Transit
Santiago Sanchez hired Sierra Solutions to transport high-value equipment from his facility in the Northern District. The cargo vanished while the truck passed through the Southern District. Sanchez sued both the broker and carrier in the Southern District. The disappearance of the shipment during transit through that district supplies the required substantial connection to the claim.
Brake Failure and Resulting Crash
Sydney Santos purchased a vehicle whose braking system failed while she drove through the Central District, causing a serious accident. Santos sued the manufacturer and parts supplier in the Central District. The malfunction, crash, and resulting injuries all occurred in that district and therefore constitute a substantial part of the events giving rise to the products-liability claim.
J. McIntyre Machinery, Ltd. v. Nicastro131 S.Ct. 2780, 2796–2797 (2011)
Data Routing Through Remote Facility
Sebastian Santos contracted with Stonehaven Properties for migration of data servers located primarily in two other states. A small portion of the data passed through a facility in the Western District during the failed migration. Santos sued in the Western District. The incidental routing of data through that single facility does not amount to a substantial part of the events giving rise to the breach claim.
Does the substantial-part test require that most or all events occur in the chosen district?+
No. The statute requires only that a substantial part of the events or omissions giving rise to the claim occurred in the district. Multiple districts may qualify, and the test is satisfied even when the chosen district contains less than a majority of the operative facts.
Supporting sources
Is venue proper in the district where the injury or loss occurred even if the product was designed elsewhere?+
Yes. In a products-liability action the malfunction, crash, and resulting injury constitute core events giving rise to the claim. Those events satisfy the substantial-part requirement when they occur in the forum district, regardless of where design or assembly took place.
Does the location of insured property and the fire that damaged it support venue under the substantial-part test?+
Yes. When the property that is the subject of the action is situated in the district and the fire that triggered the coverage dispute occurred there, those facts supply a substantial connection to the claim even if underwriting decisions were made elsewhere.
Supporting sources
Can incidental routing of data through a small facility in the district satisfy the substantial-part test?+
No. When the only connection to the district is incidental routing of a minor portion of data during a multi-state migration that was negotiated and primarily performed elsewhere, that connection is too tangential to constitute a substantial part of the events giving rise to the claim.
Supporting sources
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…
Civil ProcedureJurisdiction and venue · Venue, forum non conveniens, and transferUBEFoundational