PRIA, Government Policy, Made Personal

Summary

Gives federal district courts the power to hear civil suits that come from one accident in which at least 75 natural persons died at a discrete location, if there is minimal diversity between the sides and one of three location or residency tests is met: a defendant lives in one State and a big part of the accident happened in another State; any two defendants live in different States; or big parts of the accident happened in different States. The court must refuse to hear the case if a substantial majority of plaintiffs and the main defendants are citizens of the same State and that State’s laws will mainly decide the claims. Anyone with a claim from the accident may join the federal case even if they could not have filed there originally, and the court must promptly notify the Judicial Panel on Multidistrict Litigation when such a case is filed. Definitions (one line each): Minimal diversity — any party is a citizen of one State and an opposing party is a citizen of another State or a foreign state (see section 1603(a)); Corporation — citizen where incorporated or where its principal place of business, and resident where incorporated or licensed/doing business; Injury — physical harm to a person and property damage only if a person was physically harmed; Accident — a sudden accident or natural event that caused at least 75 natural persons to die at a discrete location; State — includes the District of Columbia, Puerto Rico, and U.S. territories.

Title 28, §1369

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)In General.—

The district courts shall have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location, if—

(1)a defendant resides in a State and a substantial part of the accident took place in another State or other location, regardless of whether that defendant is also a resident of the State where a substantial part of the accident took place;

(2)any two defendants reside in different States, regardless of whether such defendants are also residents of the same State or States; or

(3)substantial parts of the accident took place in different States.

(b)Limitation of Jurisdiction of District Courts.—

The district court shall abstain from hearing any civil action described in subsection (a) in which—

(1)the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and

(2)the claims asserted will be governed primarily by the laws of that State.

(c)Special Rules and Definitions.—

For purposes of this section

(1)

(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;

(3)the term “injury” means—

(A)physical harm to a natural person; and

(B)physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists;

(4)the term “accident” means a sudden accident, or a natural event culminating in an accident, that results in death incurred at a discrete location by at least 75 natural persons; and

(5)the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

(d)Intervening Parties.—

In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter.

(e)Notification of Judicial Panel on Multidistrict Litigation.—

A district court in which an action under this section is pending shall promptly notify the judicial panel on multidistrict litigation of the pendency of the action.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–273, div. C, title I, § 11020(c), Nov. 2, 2002, 116 Stat. 1829, provided that: “The

Amendments

made by subsection (b) [enacting this section and section 1697 and 1785 of this title and amending section 1391 and 1441 of this title] shall apply to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after the date of the enactment of this Act [Nov. 2, 2002].”

§1369 Multiparty, Multiforum Jurisdiction