Concession Consultants, Inc. v. Mirisch

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that the defendants had forfeited the privilege to object to improper venue when they did not make their objection until after the district court raised the issue sua sponte — long after the defendants had originally filed their answer, which did not oppose venue
• noting that § 1406(a) allows the district judge to dismiss the case or transfer venue sua sponte, even when venue is improper
• ruling that the defendants had forfeited the privilege to object to improper venue when they did not make their objection until after the district court raised the issue sua sponte -- long after the defendants had originally filed their answer, which did not oppose venue
• “And where the motion asks only that the suit be dismissed, the court may properly, sua sponte, order it transferred.”
• “And where the motion asks only that the suit be dismissed, the court may properly, sua sponte, order it transferred.”
• “Since the right to attack venue is personal to the parties and waivable at will, a district judge should not, in the absence of extraordinary circumstances, impose his choice of forum upon the parties by deciding on his own motion that there was a lack of proper venue.”

Source: CourtListener parenthetical corpus (CC0).