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 76
... judgment is , it is the State . " 8 / То The radical subversion of state sovereignty effected by H.R. 3406 is dramatically illustrated by the following hypothetical example ( Hypothetical No. 1 ) : Twenty members of the Elks Club in ...
... judgment is , it is the State . " 8 / То The radical subversion of state sovereignty effected by H.R. 3406 is dramatically illustrated by the following hypothetical example ( Hypothetical No. 1 ) : Twenty members of the Elks Club in ...
Side 93
... judgment is that the present situation with the multidistrict panel for the con- trol of discovery in multidistrict cases , with individual trials held in the individual jurisdictions where the actions are originally brought , is a very ...
... judgment is that the present situation with the multidistrict panel for the con- trol of discovery in multidistrict cases , with individual trials held in the individual jurisdictions where the actions are originally brought , is a very ...
Side 105
... judgment should be entered against the defendant upon a determination of such liability and the amount of such damages ; and ( c ) . in the event such a judgment is entered , the court may apportion equitably that award among those ...
... judgment should be entered against the defendant upon a determination of such liability and the amount of such damages ; and ( c ) . in the event such a judgment is entered , the court may apportion equitably that award among those ...
Side 106
... judgment or such other date as may be specified in the judgment ; and ( b ) . an order or judgment compromising or dis- missing some or all such damage claims on consent of the parties shall not bar assertion of other punitive damage ...
... judgment or such other date as may be specified in the judgment ; and ( b ) . an order or judgment compromising or dis- missing some or all such damage claims on consent of the parties shall not bar assertion of other punitive damage ...
Side 108
... judgment is entered or a settlement approved in a consolidated mass tort liti- gation , the court should provide by order entered after hearing the maximum fee ( s ) not plainly excessive in light of published guidelines , prevailing ...
... judgment is entered or a settlement approved in a consolidated mass tort liti- gation , the court should provide by order entered after hearing the maximum fee ( s ) not plainly excessive in light of published guidelines , prevailing ...
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.