A Defendant’s Guide to Burden-Free Living: Tobien and the Motion to Dismiss for Improper Venue

On April 2, 2025, in Tobien v. Nationwide General Insurance Co., the U.S. Court of Appeals for the Sixth Circuit held that when a defendant moves to dismiss for improper venue, the plaintiff bears the burden of proving that venue is proper. In doing so, the Sixth Circuit joined a plurality of federal circuits that shift the burden to plaintiffs, departing from a minority of circuits that place the burden on the defendant. Although the Supreme Court declined to resolve the split, this Comment argues that the minority approach is correct. Defendants who challenge a plaintiff’s chosen venue should bear the burden of proof on their own motion because venue is a personal privilege that defendants may invoke to avoid the inconvenience of litigating in an improper forum.