If a worker calls his boss from one county to another and is illegally fired over the telephone, can I get venue in the worker’s county?
Answer: If the telephone call constitutes "some part" of your tort claim, under most of the venue statutes that is enough. Our venue statutes are no longer "general" or "special" but are now cumulative, so none are given preference. Get venue under one and you can ignore the others, even if another is more to the point for your particular case. I have attached a brief that may be helpful. In our case, the Supreme Court rather quickly issued a writ and prohibited our judge from transferring the case. I have also attached the unpublished opinion, citing cases involving false representation which "arises" where "heard." Those might get even closer to your case.
Posted on Thu, September 5, 2013
by Travis Law Office filed under