Diversity of Citizenship Jurisdiction--1982: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-seventh Congress, Second Session, on H.R. 6691 ... July 14, 1982U.S. Government Printing Office, 1983 - 577 páginas |
Otras ediciones - Ver todas
Términos y frases comunes
95th Congress abolishing diversity jurisdiction abolition of diversity Administration of Justice Administrative Office American Bar Association American Law Institute amount in controversy argument Bar Association bill burden caseload Chairman Chief Justice choice of forums citizenship jurisdiction CIVIL RIGHTS Committee Cong Congress Constitution cost court judges defendant diction District Courts Diversity Diversity Cases Filed diversity juris diversity of citizenship docket EASTERN eliminate federal district courts federal diversity jurisdiction federal judges federal judicial federal judiciary federal jurisdiction federal question federal question jurisdiction Filed Showing Nature Hearings House Illinois impact increase interpleader judgeships Judicial Conference Judiciary Act July June 30 jurisdic jurors Kastenmeier LABOR legislation Louisiana Missouri Nature of Suit NORTHERN percent PERSONAL INJURY plaintiff prejudice problem procedural proposal Robert Rule Senate Sheran SOUTHERN Stat Subcommittee on Courts supra note Supreme Court tion tort TOTAL trial law Trial Lawyers U.S. District Courts United States District venue Washington WESTERN York
Pasajes populares
Página 235 - Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co., 276 US 518, 533 (1928) (Holmes, J., dissenting).
Página 132 - 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...
Página 135 - Rights and the Subcommittee on Improvements in Judicial Machinery of the Senate Committee on the Judiciary, 88th Cong., 2d Sess., 46 (1964). 11 E. g., the "Tombs" riots in New York City in 1970.
Página 294 - For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
Página 478 - Court, we possess it, not otherwise; and if congress has not given the power to us, or to any other Court, it still remains at the legislative disposal. Besides, congress is not bound, and it would, perhaps, be inexpedient, to enlarge the jurisdiction of the Federal Courts, to every subject, in every form, which the constitution might warrant.
Página 511 - Mclnnis in sustaining defendants' demurrers. The plaintiffs in Mclnnis challenged the Illinois school financing system, which is similar to California's, as a violation of the equal protection and due process clauses of the Fourteenth Amendment because of the wide variations among districts in school expenditures per pupil.
Página 269 - Heart of Atlanta Motel, Inc. v. United States, 379 US 241 (1964); Katzenbach v. McClung, 379 US 294 (1964).
Página 257 - Frankfurter, Distribution of Judicial Power Between United States and State Courts, 13 CORNELL LQ 499 (1928); Friendly, The Historic Basis of Diversity Jurisdiction, 41 HARV.
Página 238 - I don't think it is always thought of — no single element in our governmental system has done so much to secure capital for the legitimate development of enterprises throughout the West and South as the existence of federal courts there, with a jurisdiction to hear diverse citizenship cases.
Página 273 - The state and federal claims must derive from a common nucleus of operative fact. But if, considered without regard to their federal or state character, a plaintiff's claims are such that he would ordinarily be expected to try them all in one judicial proceeding, then, assuming substantiality of the federal issues, there is power in federal courts to hear the whole.