Quote:
Originally posted by Say_hello_for_me
Plus, what exactly is the state's beef going to be for class-actions? That they don't get justice, or that they don't get to do the justice the way they want even though it affects people, corportate entities and tax-receiving bodies in numerous other jurisdictions? Huh? Witch, Ty, witch?
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I don't know enough about the bill, 'cuz I haven't been paying attention, but it will permit removal of cases that are now in state court to federal court. Do you not see the states-right problem there? Is that how superficial the conservative commitment to states rights was?
As for this bit about affecting people in other jurisdiction, a state court can't take a case right now unless it has jurisdiction over the parties. And it can't adjudicate a class action involving parties elsewhere unless it meets various standards relating to things like the state's interest.
And you talk about "affecting people" in other jurisdictions as if it's a bad thing. Suppose I live in California, and I buy insurance from a company in Virginia, and they defraud me. Shouldn't I get to sue them in California?
Now suppose I live in California, and I buy stock in a Virgina company, which fudges its books and goes bankrupt. It turns out that the auditors knew this was happening, and said nothing, and under Virginia law they have a duty to stockholders like me to prepare the books properly. Don't we want Virginia courts to be able to "affect" me by protecting my rights?
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