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H.R. 3406

Multiparty, Multiforum Jurisdiction Act of 1990

Multiparty, Multiforum Jurisdiction Act of 1990 - Amends the Federal judicial code to grant Federal district courts original jurisdiction over civil actions arising out of a single accident that results in the death or injury of 25 or more natural persons, provided the amount in controversy exceeds $50,000 per person and minimal diversity of citizenship exists.

Authorizes venue in any district in which a defendant resides or in which a substantial part of the accident occurred.

Expands district court authority over such transferred actions (previously covered only pretrial proceedings) to permit joint trial of liability issues and of punitive damage issues. Calls for remand of damage determinations (other than punitive damages), including the possibility of remand to State courts in which actions were originally filed, unless the Federal court finds that it would serve the convenience of parties and witnesses and the interests of justice to retain the damages phase of the action as well.

Permits removal of actions from State to U.S. district courts to invoke the proposed jurisdiction and to join actions within the jurisdiction pending before the Federal court. Authorizes removal before trial within 30 days of a defendant's becoming a party to a suit under this Act, or at a later time with leave of the district court. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability.

Provides that the district court in which an action under this Act is pending shall determine the source of the applicable substantive law and is not bound by the choice of law rules of any State. Requires the responsible district court to enter an order designating the jurisdiction whose law is to be applied in all actions under this Act arising from the same incident. Identifies factors that may be relevant in such choice of law determinations.

Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act.

Referred to Subcommittee on Courts and Administrative Practice.

Rep. Kastenmeier, Robert W. [D-WI-2](D-WI)Sponsor
1 cosponsor1 D
1cosponsors2committees22actions9subjects
  1. Committee

    Referred to Subcommittee on Courts and Administrative Practice.

    Administrative Oversight and the Courts Subcommittee
  2. IntroReferral

    Received in the Senate and read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  3. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

  5. Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

  6. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate.

  7. FloorH30321

    On ordering a second Agreed to without objection.

  8. FloorH30000

    Considered under suspension of the rules.

  9. FloorH30320

    Mr. Moorhead demanded a second on the motion to suspend the rules.

  10. FloorH30300

    Mr. Kastenmeier moved to suspend the rules and pass the bill, as amended.

  11. CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 101-515.

    Judiciary Committee
  12. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 312.

  13. Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 101-515.

    Judiciary Committee
  14. CommitteeH19000

    Ordered to be Reported (Amended).

    Judiciary Committee
  15. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  16. CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  17. CommitteeH23000

    Forwarded by Subcommittee to Full Committee (Amended).

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  18. CommitteeH21000

    Subcommittee Hearings Held.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  19. CommitteeH11000

    Referred to the Subcommittee on Courts, Intellectual Property, and the Administration of Justice.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  20. IntroReferralH11100

    Referred to the House Committee on Judiciary.

    Judiciary Committee
  21. IntroReferralIntro-H

    Introduced in House

  22. IntroReferral1000

    Introduced in House

Jun 5, 199036

Multiparty, Multiforum Jurisdiction Act of 1990 - Amends the Federal judicial code to grant Federal district courts original jurisdiction over civil actions arising out of a single accident that results in the death or injury of 25 or more natural persons, provided the amount in controversy exceeds $50,000 per person and minimal diversity of citizenship exists.

Authorizes venue in any district in which a defendant resides or in which a substantial part of the accident occurred.

Expands district court authority over such transferred actions (previously covered only pretrial proceedings) to permit joint trial of liability issues and of punitive damage issues. Calls for remand of damage determinations (other than punitive damages), including the possibility of remand to State courts in which actions were originally filed, unless the Federal court finds that it would serve the convenience of parties and witnesses and the interests of justice to retain the damages phase of the action as well.

Permits removal of actions from State to U.S. district courts to invoke the proposed jurisdiction and to join actions within the jurisdiction pending before the Federal court. Authorizes removal before trial within 30 days of a defendant's becoming a party to a suit under this Act, or at a later time with leave of the district court. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability.

Provides that the district court in which an action under this Act is pending shall determine the source of the applicable substantive law and is not bound by the choice of law rules of any State. Requires the responsible district court to enter an order designating the jurisdiction whose law is to be applied in all actions under this Act arising from the same incident. Identifies factors that may be relevant in such choice of law determinations.

Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act.

Oct 4, 198900

Multiparty, Multiforum Jurisdiction Act of 1989 - Amends the Federal judicial code to grant Federal district courts original jurisdiction over civil actions arising out of any event that results in the death or injury of 25 or more persons, provided the amount in controversy exceeds $50,000 per person and diversity of citizenship exists.

Sets forth requirements and procedures with regard to venue, the removal of actions, choice of law issues, and service of process.

Multiparty, Multiforum Jurisdiction Act of 1990 — Informed