From Casetext: Smarter Legal Research

St. Clair v. Spigarelli

United States Court of Appeals, Eighth Circuit
Oct 20, 2009
348 F. App'x 190 (8th Cir. 2009)

Summary

holding that "a state law venue defect is not grounds for dismissal of a removed action," and in support, citing Hollis v. Fla. State Univ., 259 F.3d 1295, 1298-1300 (11th Cir. 2001), which, in turn, relied on Fredericks

Summary of this case from James v. Bleigh Constr. Co.

Opinion

No. 08-2673.

Submitted: September 25, 2009.

Filed: October 20, 2009.

Appeal from the United States District Court for the Western District of Missouri.

Richard W. Martin, Jr., Longon Associates, Olathe, KS, for Appellant.

Sean M. Sturdivan, Roger W. Warren, Sanders Warren, Overland Park, KS, for Appellees.

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.


[UNPUBLISHED]


Kathy St. Clair filed a petition in the Circuit Court of Jackson County in Kansas City, Missouri, claiming that Fred Spigarelli, P.C. and Carlton Kennard committed legal malpractice with respect to her medical negligence case. Defendants filed a notice of removal in the Kansas City Division of the District Court for the Western District of Missouri, citing 28 U.S.C. §§ 1332, 1441, and 1446. Defendants then moved to transfer venue to the Southwestern Division, citing the district court's Local Rule 3.2(a)(3) and asserting that venue in the Kansas City Division was improper. They maintained that the proper venue for a legal malpractice claim under Missouri law is the venue where the underlying case would have been filed; here, the alleged medical negligence occurred in Jasper County, Missouri; and Jasper County is encompassed within the Southwestern Division of the Western District of Missouri.

The district court concluded that the Local Rules did not authorize it to transfer venue in a removal case. Finding that St. Clair had not alleged facts that showed Jackson County was the proper venue in which to file her legal malpractice petition, the court dismissed her case without prejudice to allow her to file it in the proper venue. St. Clair appeals.

We conclude that dismissing the removed case on the basis of a state law venue defect was error. The Missouri circuit court had jurisdiction regardless of whether venue was proper, for in that state "proper venue is no longer a prerequisite to personal jurisdiction." State ex rel. DePaul Health Center v. Mummert, 870 S.W.2d 820, 821 (Mo. 1994). Moreover, a state law venue defect is not grounds for dismissal of a removed action. Hollis v. Fla. State Univ., 259 F.3d 1295, 1298-1300 (11th Cir. 2001) (agreeing with North Dakota v. Fredericks, 940 F.2d 333, 335-36 (8th Cir. 1991), that the doctrine of derivative jurisdiction is abrogated under § 1441(f). Cf., PT United Can Co. Ltd. v. Crown Cork Seal Co., Inc., 138 F.3d 65, 72-73 (2d Cir. 1998)).

Title 28 U.S.C. § 1441(a) governs the venue of removed actions, see Polizzi v. Cowles Magazines, Inc., 345 U.S. 663, 665-66, 73 S.Ct. 900, 97 L.Ed. 1331 (1953), and authorizes removal to the district court for the district and division embracing the place where the state court action is pending. Thus, venue was proper in the district court. We note, however, that a change of venue is possible. See 28 U.S.C. § 1404(a) ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.").

Accordingly, we reverse the dismissal and remand for further proceedings consistent with this opinion.


Summaries of

St. Clair v. Spigarelli

United States Court of Appeals, Eighth Circuit
Oct 20, 2009
348 F. App'x 190 (8th Cir. 2009)

holding that "a state law venue defect is not grounds for dismissal of a removed action," and in support, citing Hollis v. Fla. State Univ., 259 F.3d 1295, 1298-1300 (11th Cir. 2001), which, in turn, relied on Fredericks

Summary of this case from James v. Bleigh Constr. Co.

holding that "a change of venue is possible" after a case has been removed to federal court

Summary of this case from Express Scripts, Inc. v. Jefferson Health Sys. Inc.

concluding that the district court erred by dismissing a "removed case on the basis of a state law venue defect" because the doctrine of derivative jurisdiction was abrogated by § 1441(f)

Summary of this case from Perez v. Doe

noting that § 1441 "governs the venue of removed actions" but "that a change of venue is possible" once removed to the proper district

Summary of this case from Friesen v. Harvest Int'l, Inc.

noting change of venue is possible for removed actions, citing 28 U.S.C. § 1404

Summary of this case from Finn v. Moyes
Case details for

St. Clair v. Spigarelli

Case Details

Full title:Kathy ST. CLAIR, Appellant, v. Fred SPIGARELLI, P.C., doing business as…

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 20, 2009

Citations

348 F. App'x 190 (8th Cir. 2009)

Citing Cases

Finn v. Moyes

(Notice of Removal ¶ 1, ECF No. 1.) "Title 28 U.S.C. § 1441(a) governs the venue of removed actions, and…

Express Scripts, Inc. v. Jefferson Health Sys. Inc.

See 28 U.S.C. § 1406 (permitting dismissal of a "case laying venue in the wrong division or district").…