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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
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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