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 70
... of managing these on a consolidated basis ought not to be taken without questioning . " Id . at 336 . 3 / H.R. Rep . No. 889 , supra , at 80 . 4 / Id . at 39 . 7 - Some additional conditions , relating to the geograph- 70.
... of managing these on a consolidated basis ought not to be taken without questioning . " Id . at 336 . 3 / H.R. Rep . No. 889 , supra , at 80 . 4 / Id . at 39 . 7 - Some additional conditions , relating to the geograph- 70.
Side 73
... substantive law . " 5 / 5 / H.R. Rep . No. 889 , supra , at 38 . See id . at 43 ( bill " does not authorize the creation of federal substantive common law for mass torts " ) . - 10 - Comment . Existing law provides that in 73.
... substantive law . " 5 / 5 / H.R. Rep . No. 889 , supra , at 38 . See id . at 43 ( bill " does not authorize the creation of federal substantive common law for mass torts " ) . - 10 - Comment . Existing law provides that in 73.
Side 74
... . " -- 6 / Cf. 1988 Hearings , supra , at 325-26 ( statement of Judge Patrick E. Higginbotham ) . 7 / Edwards v . California , 314 U.S. 160 , 186 ( 1941 ) ( Jackson , J. concurring ) . 11 - ( a ) H.R. 3406 and Federalism . 74.
... . " -- 6 / Cf. 1988 Hearings , supra , at 325-26 ( statement of Judge Patrick E. Higginbotham ) . 7 / Edwards v . California , 314 U.S. 160 , 186 ( 1941 ) ( Jackson , J. concurring ) . 11 - ( a ) H.R. 3406 and Federalism . 74.
Side 76
... the bus driver , the bus hits a culvert , causing the bus to overturn . All the passengers suffer serious and debilitating injuries . 8 / 1988 Hearings , supra , at 336 . 13 A Colorado statute adopted in 1987 limits recovery for 76.
... the bus driver , the bus hits a culvert , causing the bus to overturn . All the passengers suffer serious and debilitating injuries . 8 / 1988 Hearings , supra , at 336 . 13 A Colorado statute adopted in 1987 limits recovery for 76.
Side 78
... account 11 speci- fied factors . The court's choice of law determination would govern all other actions arising from the disaster , and all 9 / 1988 Hearings , supra , at 336 . - 15 elements of each action , unless federal law 78.
... account 11 speci- fied factors . The court's choice of law determination would govern all other actions arising from the disaster , and all 9 / 1988 Hearings , supra , at 336 . - 15 elements of each action , unless federal law 78.
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.