Sua sponte dismissal for lack of personal jurisdiction or improper venue has been held improper on the ground that courts should not dismiss sua sponte based on objections that would be waived if not raised by the defendants. The error is harmless because the appellant failed to show that venue is proper on this appeal. The court also sets out a new rule holding that courts can dismiss sua sponte on that ground and litigants will be permitted to raise arguments and even offer evidence for the first time on appeal. See: Buchanan v. Manley, 145 F.3d 386 (D.C.Cir. 1998) (per curiam).
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Related legal case
Buchanan v. Manley
|Cite||145 F.3d 386 (D.C.Cir. 1998)|
|Level||Court of Appeals|