Multiparty, Multiforum Jurisdiction Act of 1989: Hearing Before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, First Session, on H.R. 3406 ... November 15, 1989U.S. Government Printing Office, 1990 - 334 sider |
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Resultat 1-5 av 73
Side 1
... event . Of particular concern to the subcommittee is the fact that a single event of this nature can give rise to a multitude of suits in Federal and State courts and that the mechanisms currently in place to facilitate consolidation of ...
... event . Of particular concern to the subcommittee is the fact that a single event of this nature can give rise to a multitude of suits in Federal and State courts and that the mechanisms currently in place to facilitate consolidation of ...
Side 4
... event or occurrence , where it 5 is alleged in good faith that any 25 persons have either died 6 or incurred injury in the event or occurrence and that , in the 7 case of injury , the injury has resulted in damages which 8 exceed ...
... event or occurrence , where it 5 is alleged in good faith that any 25 persons have either died 6 or incurred injury in the event or occurrence and that , in the 7 case of injury , the injury has resulted in damages which 8 exceed ...
Side 5
... event or occurrence 8 described in subsection ( a ) shall be permitted to intervene as 9 a party plaintiff in the action , even if that person could not 10 have brought an action in a district court as an original 11 matter . 12 " ( d ) ...
... event or occurrence 8 described in subsection ( a ) shall be permitted to intervene as 9 a party plaintiff in the action , even if that person could not 10 have brought an action in a district court as an original 11 matter . 12 " ( d ) ...
Side 6
... event or occurrence giving rise to the 2 action took place . " . 3 SEC . 4. MULTIDISTRICT LITIGATION . 4 Section 1407 of title 28 , United States Code , is amend- 5 ed by adding at the end the following : 6 " ( i ) ( 1 ) In actions ...
... event or occurrence giving rise to the 2 action took place . " . 3 SEC . 4. MULTIDISTRICT LITIGATION . 4 Section 1407 of title 28 , United States Code , is amend- 5 ed by adding at the end the following : 6 " ( i ) ( 1 ) In actions ...
Side 7
... in a United States district court under section 1367 of this title , or " ( B ) the defendant is a party to an action under section 1367 in a United States district court arising HR 3406 IH 6 1 from the same event or occurrence as the 7.
... in a United States district court under section 1367 of this title , or " ( B ) the defendant is a party to an action under section 1367 in a United States district court arising HR 3406 IH 6 1 from the same event or occurrence as the 7.
Vanlige uttrykk og setninger
accident adjudication Agent Orange Air Crash Disaster alternative dispute resolution amended American Bar Association apply asbestos attorneys Bendectin bill causation choice of law civil claimants class action Commission on Mass Commission's Committee common issues complex litigation CONGRESS THE LIBRARY consolidated mass tort consolidated proceeding consolidation of mass counsel Dalkon Shield defendant determination disaster litigation district court diversity jurisdiction efficient event or occurrence federal choice federal court filed Hotel Fire House of Delegates individual issues involving Judge Schwarzer judicial panel jury Justice KASTENMEIER law rules law standards LIBRARY OF CONGRESS mass tort litigation minimal diversity Multiforum Jurisdiction multiparty multiple parties permit personal injury plaintiffs procedures Products Liability Litigation proposals punitive damage awards punitive damage claims recommendations remand require single event state's law substantial substantive law Supp supra tion tort actions tort claims tort law Tort Liability System Toxic Tort transfer transferee court trial WRUBEL
Populære avsnitt
Side 264 - A corporation may be sued In any Judicial district in which it is incorporated or licensed to do business or is doing business, and such judicial district shall be regarded as the residence of such corporation for venue purposes.
Side 71 - ... (2) a corporation is deemed to be a citizen of any State, and a citizen or subject of any foreign state, in which it is incorporated or has its principal place of business, and is deemed to be a resident of any State in which it is incorporated or licensed to do business or is doing business; and "(3) 'injury' means physical harm to a natural person and physical damage to or destruction of tangible property.
Side 18 - For the convenience of parties and witnesses, and in the interest of justice...
Side 79 - [F]or a state's substantive law to be selected in a constitutionally permissible manner, that State must have a significant contact or significant aggregation of contacts [with the parties and the occurrence or transaction] , creating state interests, such that choice of its law is neither arbitrary nor fundamentally unfair.
Side 39 - Friendly, In Praise of Erie— And of the New Federal Common Law, 39 NYUL Rev.
Side 42 - One federal district court judge has complained that "(t]he law on 'choice of law' in the various states and in the federal courts is a veritable jungle, which, if the law can be found out, leads not to a 'rule of action' but a reign of chaos dominated in each case by the judge's 'informed guess' as to what some other state than the one in which he sits would hold its law to be.
Side 293 - I began the opinion by saying "[o]ur principal task ... is to determine what the New York courts would think the California courts would think on an issue about which neither has thought.
Side 39 - Commentaries on the Constitution of the United States" (4th ed. 1873), sec. 1218; 1 Crosskey, "Politics and the Constitution in the History of the United States,
Side 328 - The Federal Judge as a Case Manager: The New Role in Guiding a Case from Filing to Disposition,
Side 80 - II, which found adequate contacts to sustain the choice of forum law,104 is that for a State's substantive law to be selected in a constitutionally permissible manner, that State must have a significant contact or significant aggregation of contacts, creating state interests, such that choice of its law is neither arbitrary nor fundamentally unfair.