Hertz rule corporate nerve center is now considered

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Hertz Rule: Corporate “nerve center” is now considered rule 2. 28 U.S.C. 1369: Multiparty, Multi-forum Jurisdiction 1. 1369 and MMTJA: Purpose to provide single forum for accidents which kill many people- save $ 1. Death of 75 or more natural persons in discreet location 1. Must include all potential P’s. (from Passa) 1. 3 satisfying conditions- any 1 must be satisfied 1. A ∆ resides in a different state from where a substantial part of accident took place 2. Any 2 ∆’s reside in different states 3. Substantial part of accident occurred in 2 different states 5
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2. Permits removal by an instate ∆, even its ifs a state law case and dispenses w/in 1 year limitation on removal ( 1441e1a and b) 1. Claims asserted will be governed primarily by the laws of that state 3. Cases and Issues w/ regard to minimal diversity 1. Passa v Derderian: What standard constitutes a substantial number of s’ under the MMJTA? 1. Rule: Under the MMTJA the substantial majority of claimants rule is satisfied when looking to potential claimants 2. Jurisdiction over “federal questions:” 28 U.S.C. 1331 1. Fed jur is a big pie that holds the language of Art III §2: (1) between states, (2) between citizens of different states, (3) between citizens and aliens, (4) cases involving foreign ministers and consuls, (5) admiralty and maritime cases, (6) cases arising under federal law, (7) and in a few other narrow categories. 1. And also “cases and controversies “Arising Under The Laws Of The USA” 1. This statutory interpretation here is also much narrower than the Constitution, similar to § 1332 above in diversity claims 1. Only parcels out a small amount of possible cases/issues and leads to the… 2. The well-pleaded complaint rule: 1. Louisville & Nashville RR v. Mottley: Does an allegation in a complaint that a constitutional defense will be raised as an answer create a federal question that allows federal jurisdiction? 1. Rule: Alleging an anticipated constitutional ∆ in the complaint doesn’t doesn’t give rise to federal jur on its own (lacking such things as diversity ). 2. Justice Holmes test: WPC rule is met when a suit arises under the law that creates COA 2. Merrell Dow v. Thompson: Can the substantive right of federal jurisdiction involving questions of federal law be extended to cases where Congress precludes a private right to sue? 1. Rule: While there is a private right to sue under a fed ?, that right must be specifically conferred by cong when it enacts a regulation that impliedly limits the right to sue to the gov’t agency so empowered. Cong didn’t create a private right to sue, it didn’t intend the case to be brought in fed crt, thus no “arising under” jur. 3. Removal jurisdiction from state to federal court: 1. 28 U.S.C. 1441, Whether removal appropriate means asking if (1) diverse or (2) Fed ?
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