Judge Weinstein on Personal Jurisdiction in Mass Tort Cases: A Critique
Edwin S. Fruehwald
Tennessee Law Review, Vol. 70, No. 4, p. 1047
Hofstra Univ. Legal Studies Research Paper No. 04-28
Judge Jack B. Weinstein, who has adjudicated numerous mass tort cases, has proposed and used a new approach to personal jurisdiction in mass tort cases. He has declared: As for federal constitutional limits on the exercise of personal jurisdiction by a state or federal court, there should be none except those of reasonable forum (venue) and a rational state interest in the litigation. In this article, I examine the constitutionality of Judge Weinstein's jurisdictional rule, finding it to be unconstitutional under the due process clause. Instead, I propose a rule for jurisdiction in mass tort cases that allows more defendants to be brought into mass tort cases than under present rules, without violating the due process clause.
Number of Pages in PDF File: 67
Keywords: personal jurisdiction, mass tortsAccepted Paper Series
Date posted: September 28, 2004 ; Last revised: August 31, 2010
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