Search Site
In a recent blog, I wrote of the inability to use the federal courts to gain jurisdiction over a defendant who does not have sufficient minimum contacts with the forum state. That blog was in response to the misperception of many that all a litigant needs to do is to sue in federal court to gain jurisdiction over any defendant. Not true. Because the federal court applies the same analysis on jurisdiction that the state in which it sits would apply, there is no advantage in that instance to bringing an action in a federal court. Consequently, if you didn’t have jurisdiction over a particular defendant in state court in Massachusetts, you would not have jurisdiction over that same defendant in federal court in Massachusetts.
In a similar vein, if you are able to bring an action in federal court for personal injury – because of diversity of citizenship between the parties – and you have jurisdiction over the defendant, would the federal court apply the same principles of tort law that the state in which it sits applies? The answer is yes. The United States District Court in Massachusetts for example will look to the tort cases of the Supreme Judicial Court and the Massachusetts Appeals Court to determine the relevant law. There is no benefit to forum shopping as there is no federal common law. In the seminal case of Erie v. Tompkins, 304 U.S. 64 (1938), the Supreme Court ruled that in cases of diversity jurisdiction, the courts had to use the same laws as the states in which they were situated. This has allowed for a uniform application of laws.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience ma...
-
5.0/5.0
After researching online, hiring Attorney Colleen Santora was the wisest decision I made. She represented me in my personal injury auto accident case. I sustained lingering post-concussive injuries and pain. Throughout a four year process, Colleen...
-
5.0/5.0
Feinberg & Alban did a stellar job representing me at a time when my accident and a busy life didn't leave me any capacity to deal with the logistics of a lawsuit. From across the country, the firm (Ms. Colleen Santora, in particular) handled every a...
-
5.0/5.0
I was in a car accident recently that put me in the hospital and having Perry Feinberg from Feinberg & Alban was the best decision I ever made, with having so many choices for representation in these situations. The level of professionalism was incre...
-
5.0/5.0
I can't say enough about this law firm, and its commitment to its clients. Robert & Colleen took a personal interest in my case, which took several unexpected and frankly wild twists and turns along a very long road. They stuck with it, with me, even...
Awards & Affiliations
Contact us
