Bates v. C & S Adjusters, Inc.
United States Court of Appeals for the Second Circuit
980 F.2d 865 (2d Cir. 1992)
Phillip Bates (plaintiff) received a collection notice from C & S Adjusters, Inc. (C & S) (defendant). Based on the notice, Bates filed suit in the United States District Court for the Western District of New York, alleging violations of the Fair Debt Collection Practices Act. Bates had incurred the debt in question while he lived in the Western District of Pennsylvania. The creditor, whose principle place of business was also in the Western District of Pennsylvania, referred the matter to C & S, also a Pennsylvania corporation. C & S mailed the collection letter to Bates at his Pennsylvania address, but Bates had subsequently moved to the Western District of New York. The U.S. Postal Service forwarded the notice to Bates’s New York residence where he received it and subsequently commenced suit in the United States District Court for the Western District of New York. C & S then filed a motion to dismiss the case because of improper venue. The United States District Court for the Western District of New York granted the motion to dismiss based on improper venue. Bates appealed.
Rule of Law
Holding and Reasoning (Newman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.