tag:blogger.com,1999:blog-36762711.post7810248846524341447..comments2023-11-03T06:14:58.449-04:00Comments on Drug and Device Law: Depecage, Punitive Damages, and Mass TortsRachel B. Weilhttp://www.blogger.com/profile/02251124525069607080noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-36762711.post-26022398554286378932010-01-13T09:36:17.879-05:002010-01-13T09:36:17.879-05:00A plaintiff's home state is never a problem. ...A plaintiff's home state is never a problem. If there are situations when a plaintiff's home state is vetoed by FNC, they are exceedingly rare. There are various reasons why plaintiffs sue outside their home states (countries). These range from the kinds of tactics apparent in the case we discussed here, to more prosaic things like inability to obtain personal jurisdiction over the defendant in the home state. It's only when plaintiffs venture outside their home states to file suits that most of the factors driving the forum non doctrine apply.Bexishttps://www.blogger.com/profile/12984303395998821374noreply@blogger.comtag:blogger.com,1999:blog-36762711.post-36823769892758165512009-12-30T11:11:30.238-05:002009-12-30T11:11:30.238-05:00Choice of law is not the same thing as choice of f...Choice of law is not the same thing as choice of forum. There are times where a court will apply law to the case before it that comes from some other jurisdiction.<br /><br />A classic example of this would be a federal court using state law, though if you've read this blog long enough you've also seen cases where state courts have imported law from all over the place trying to reach the predetermined result.Soronel Haetirhttps://www.blogger.com/profile/11639906179427371695noreply@blogger.comtag:blogger.com,1999:blog-36762711.post-3096107736841943012009-12-29T15:36:38.538-05:002009-12-29T15:36:38.538-05:00Good post. However, I am not sure that I agree. As...Good post. However, I am not sure that I agree. Assuming all the other jurisdictional requirments are met I think it ought to be in the home state of the plaintiff as a simple matter of fairness. The plaintiff (if there is actual fault on the defendants part) didn't do anything to deserve this the injury and then causing him/her to travel to deleware to persue a suit against a company who has fault seems like a pretty huge deterant. <br /><br />but then, there is alot I don't understand yet about jurisdictional question. (still a lawstudent)<br /><br />Mike<br /><br /><a href="http://www.joepatton.com" rel="nofollow">TOPEKA LAWYER</a>Mikethelawstudenthttps://www.blogger.com/profile/09635776361535851712noreply@blogger.com