“Petitioner Hyundai Motor America (“HMA”) respectfully seeks a writ of mandamus directing the district court to vacate its order denying HMA’s motion to dismiss this action and to dismiss the complaint for improper venue under 28 U.S.C. §§ 1400 (b) and 1406(a).”
“We hold that the dealerships located in the Western District do not constitute regular and established places of business of Volkswagen and Hyundai under § 1400(b) because Stratos has failed to carry its burden to show that the dealerships are agents of Volkswagen or Hyundai under a proper application of established agency law.”
