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Determining the lead Region of a multi-regional civil judicial or civil administrative case

The rule of thumb is that a lead Region of a multi-regional civil action is determined by where the complaint and conclusion are filed. Multi-regional cases are usually civil judicial cases. It can be administrative but is rare.

 

If the multi-regional enforcement action is a bankruptcy action the the lead region is decided on a case-by-case basis. Most bankruptcy actions are filed in either the federal of New York or Delaware so Regions 2 and 3 would unfairly receive the lead a disproportionate amount of the time. Current law says companies can file for bankruptcy where they are incorporated. Many companies are incorporated in Delaware, in part because of favorable tax law.

 

See Also

Case Counting Guidance

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