In-state Plaintiff Diversity Jurisdiction: Hearing Before the Subcommittee on Intellectual Property and Judicial Administration of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, Second Session, on H.R. 4357 (section 305) ... and H.R. 4446 ... May 26, 1994U.S. Government Printing Office, 1994 - 122 halaman Distributed to some depository libraries in microfiche. |
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abolition of diversity adjudication Administrative Office American Law Institute amount in controversy argument bias burden Chairman Chief Justices choice of law citizens civil cases filed civil filings Civil Justice Reform Committee Conference of Chief Congress Constitution core functions counsel court system criminal docket disputes district courts diversity filings diversity of citizenship Dolin drug elimination of diversity Erwin Chemerinsky federal caseloads Federal Court Caseloads federal district federal diversity jurisdiction federal forum federal government federal judges federal judicial federal judiciary federal jurisdiction federal question Federal Question Jurisdiction Federal system Federal-State Jurisdiction Frank HUGHES in-state defendants in-State plaintiff diversity increased ISP diversity jurisdiction ISP repeal issue Judge Marcus judgeships judicial administration Judicial Conference judicial system Judiciary Act legislation litigation MOORHEAD number of civil number of diversity pending bills percent plaintiff diversity jurisdiction proposal removal jurisdiction repeal of ISP STANLEY MARCUS statistical subcommittee supra note 18 trial court
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Halaman 67 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Halaman 52 - Justice, 22.4% of defense attorneys surveyed stated that plaintiffs face some sort of bias in-state court. Neal Miller, An Empirical Study of Forum Choices in Removal Cases under Diversity and Federal Question Jurisdiction, 41 Am. UL Rev. 369, 408 n. 149 (1992). 2 The proponents of Section 304 have in the past asserted that in-state plaintiffs...
Halaman 116 - State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated...
Halaman 40 - Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co., 276 US 518, 533 (1928) (Holmes, J., dissenting).
Halaman 48 - Congress of the Judiciary Act of 1789, diversity jurisdiction has well-served the ends of justice in this country. The ABA believes that the...
Halaman 50 - Before turning to the specifics, a few general comments about diversity jurisdiction may be helpful in putting these proposals in perspective. The Association's position on diversity jurisdiction is one of long standing. In June 1978, the ABA formally adopted its position opposing the elimination of diversity jurisdiction in general and the elimination of diversity jurisdiction for in-state plaintiffs in particular. This action was taken after the House of Delegates had rejected a resolution to abolish...
Halaman 51 - ... members of this Subcommittee. Those who propose the total elimination of diversity jurisdiction rely most heavily on two arguments: that the fear of local prejudice originally justifying diversity jurisdiction is a vestige of the past; and that the elimination of diversity jurisdiction would relieve pur overburdened federal courts. Those who favor retention of diversity jurisdiction dispute the premise that localized prejudices have disappeared and believe that there are better ways to lessen...
Halaman 75 - DC 1992); John A. Goerdt, Reexamining the Pace of Litigation in 39 Urban Trial Courts 39 (Williamsburg, VA: National Center for State Courts, 1987). "Victor E. Flango & Craig Boersema, Changes in Federal Diversity Jurisdiction: Effects on State Court Caseloads, 15 Dayton L. Rev. 405, 455 (1990). plished is to increase the cost of litigation and to inconvenience both the witnesses and the parties. Another consequence of eliminating in-state plaintiffs' diversity jurisdiction is that it would shift...
Halaman 50 - We at the ABA welcome these hearings as an opportunity to bring the expertise and experience of the organized bar to your consideration of this legislation.
Halaman 3 - Committee will come to order. Good morning, and welcome to this morning's hearing of the Committee on International Relations.