Title 28, Judiciary and Judicial ProcedureRelease 119-102
§1401 Stockholder’s Derivative Action
Title 28 › PART IV — JURISDICTION AND VENUE › CHAPTER 87 — DISTRICT COURTS; VENUE › § 1401
Summary
Shareholders suing for their company may file the case in any district where the company could sue.
Full Legal Text
Title 28, §1401
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 112 (part) (Mar. 3, 1911, ch. 231, § 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, § 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213). For disposition of other provisions of section 112 of title 28, U.S.C., 1940 ed., see reviser’s note under section 1391 of this title. Words “civil action” were substituted for “suit,” in view of Rule 2 of the Federal Rules of Civil Procedure. Words “other than said corporation,” after “same defendants,” were omitted as superfluous. Obviously a corporation would not be suing itself. Changes were made in phraseology.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1401
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102