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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Side 1
... 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 these cases may , in fact , be inadequate . As a ...
... 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 these cases may , in fact , be inadequate . As a ...
Side 14
... the thinking underlying this bill so as to permit the transferee courts to keep all cases , not just for pretrial , but for trial also , which is in fact what happens . In light of the experience under section 1407 , it 14.
... the thinking underlying this bill so as to permit the transferee courts to keep all cases , not just for pretrial , but for trial also , which is in fact what happens . In light of the experience under section 1407 , it 14.
Side 20
... fact remains , however , that in sixteen districts ( S. Io . , Haw . , E. Tex . , S. Miss . , M. Tenn . , E. Pa . , R.I. , S. Ga . , N. Miss . , S. Ala . , N. Okl . , Mon. , S.C. , W. Ark . , N. Oh . , W. Ok . ) , resident plaintiff ...
... fact remains , however , that in sixteen districts ( S. Io . , Haw . , E. Tex . , S. Miss . , M. Tenn . , E. Pa . , R.I. , S. Ga . , N. Miss . , S. Ala . , N. Okl . , Mon. , S.C. , W. Ark . , N. Oh . , W. Ok . ) , resident plaintiff ...
Side 26
... fact , able to discuss with any precision , other approaches . We still feel that diversity juris- diction has served its role in the past , but that times have changed , and accordingly , the legislation should take that into account ...
... fact , able to discuss with any precision , other approaches . We still feel that diversity juris- diction has served its role in the past , but that times have changed , and accordingly , the legislation should take that into account ...
Side 32
... facts bearing on the choice of applicable law ) , we do not object to inclusion of the list of factors in the legislation . H.B. 3406 represents the culmination of efforts extending over a number years to draft legislation to deal with ...
... facts bearing on the choice of applicable law ) , we do not object to inclusion of the list of factors in the legislation . H.B. 3406 represents the culmination of efforts extending over a number years to draft legislation to deal with ...
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.