The Quantum Physics of Venue
By Which is more complicated, quantum physics or venue? In quantum mechanics, the theory of “photon superposition” hypothesizes that sub-atomic particles can exist in multiple places and states simultaneously. As the recent case of iLight Technologies, Inc. v. Marktech International Corp., 2010 WL 1946950 (M.D. Tenn. May 10, 2010) demonstrates, the concept of existing in two places at once also applies to venue, albeit not at a sub-atomic level.
In iLight, the plaintiff (iLight) filed suit against the defendant (Marktech) alleging breach of contract and warranty related to defective lighting products sold by Marktech. Marktech, a corporation with its principal place of business in New York, moved to dismiss the action for improper venue, arguing that the alleged acts and omissions underlying the complaint occurred outside of the State of Tennessee.
The Court acknowledged that both districts had connections to the underlying claims. On one hand, the allegedly defective products were designed and engineered by Marktech in New York. On the other hand, these same products were ordered, received, and sold by iLight in Cookeville, Tennessee. The rule in the Sixth Circuit is that, where two districts have ties to a controversy and substantial activities occur in both, venue is proper in both districts at the same time. This is true even if the activities are more substantial in one district.
In iLight, since substantial events related to the claims occurred in Cookeville, venue was proper in the Middle District of Tennessee notwithstanding the fact that venue might also be proper elsewhere. The case is a helpful reminder for anyone who took and enjoyed Physics class — or even just enjoyed watching Star Trek — that proper venue, much like a subatomic particle, might just exist in two places at once.
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