Q: How can a dismissal for improper venue be overturned after Appeals Court affirmed?
Can the District and Appeals Court judgment be overturned in the Supreme Court of the US through a Writ of Certiorari?
A: If you did not file a motion for the district court to change venue, then there is nothing for the appellate court to review.
A: Actually, while I agree with Brian Lehman, your inquiry says the court of appeals already affirmed the dismissal. That means your only recourse is to seek Supreme Court review, which is very, vary rarely granted. Note that a venue challenge that is sustained should ordinarily be handled with a transfer, not dismissal, and is without prejudice, meaning the case can be re-filed in a court with proper venue. So there really is no pressing reason to seek Supreme Court review anyway, is there?
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