Vairo, in 17 Moore's Federal Practice, supra, § 110.05. Generally, pendent venue will be applied if a court may also exercise supplemental jurisdiction. 1984) (the doctrine of "pendent venue" is now well established). 1973) (when venue is proper on federal claims, it is also proper on pendent state claims) Beattie v. Courts have sometimes relied on a theory of pendent venue analogous to the doctrine of supplemental jurisdiction. Meade objects pointing out both that patent infringement claims are governed exclusively by § 1400(b) and that venue must generally be established for each separate cause of action. Plaintiff, however, asks the court to exercise pendent venue over the improperly venued claim.In considering the issue of personal jurisdiction I rely on the complaint and the affidavits and exhibits submitted by the parties. The plaintiff is entitled to have all inferences from the record drawn in its favor. The plaintiff need only make a prima facie showing of the existence of personal jurisdiction. 1997), although the burden is not a heavy one. Plaintiffs have the burden of proving that personal jurisdiction exists, RAR, Inc.
Even if a nonresident never sets foot in Wisconsin, the existence of a continuing business relationship with someone in Wisconsin is enough to warrant an inference that the defendant benefits from services provided in Wisconsin "and could therefore be required, as a quid pro quo, to submit to the jurisdiction of the state's courts." Id. A defendant generally has "substantial and not isolated" contacts with the state if it "solicit, create, nurture, or maintain, whether through personal contacts or long-distance communications, a continuing business relationship with anyone in the state." Stauffacher v.
A person is engaged in substantial activities in the state when the activities are "systematic and continuous." Harley-Davidson Motor Co.Public interest considerations include judicial economy, the expeditious administration of justice, and the availability of compulsory process over possibly unwilling witnesses.
Private interest factors include plaintiff's choice of forum, the situs of operative events, the convenience of the parties and witnesses relative to their respective residences and the parties' abilities to bear the expense of trial in a particular forum. These include both public and private interest factors.