Faulkenberg v. CB Tax Franchise Systems, LP

How courts have described this case

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

• noting that the same standards apply to improper venue as do a Rule 12(b)(2) dismissal
• explaining that courts may consider evidence outside of the pleadings in resolving a motion to dismiss for lack of proper venue
• holding defendants did not waive arbitration by filing a motion to dismiss for improper venue
• Reasoning that “[t]he Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., strongly favors arbitration when the parties have agreed to it, as they clearly did here.”
• explaining that court may consider materials outside the pleadings when evaluating Rule 12(b)(3) motion
• finding that when a district court lacks authority to compel arbitration, such as because the arbitration must occur outside the district, a “Rule 12(b)(3) motion to dismiss for improper venue . . . is the proper procedure”

Source: CourtListener parenthetical corpus (CC0).