‘‘(f) The court to which a civil action is removed
under this section’’; and
(2) by inserting after subsection (d) the following
new subsection:
‘‘(e)(1) Notwithstanding the provisions of subsection
(b) of this section, a defendant in a civil action in a State
court may remove the action to the district court of the
United States for the district and division embracing the
place where the action is pending if—
‘‘(A) the action could have been brought in a
United States district court under section 1370 of this
title, or
‘‘(B) the defendant is a party to an action which
is or could have been brought, in whole or in part,
under section 1370 in a United States district court
and arises from the same accident as the action in
State court, even if the action to be removed could not
have been brought in a district court as an original
matter.
The removal of an action under this subsection shall be
made in accordance with section 1446 of this title, except
that a notice of removal may also be filed before trial of
the action in State court within 30 days after the date on
which the defendant first becomes a party to an action
under section 1370 in a United States district court that
arises from the same accident as the action in State court,
or at a later time with leave of the district court.
‘‘(2) Whenever an action is removed under this sub-
section and the district court to which it is removed or
transferred under section 1407(i) has made a liability de-
termination requiring further proceedings as to damages,
the district court shall remand the action to the State court
from which it had been removed for the determination of
damages, unless the court finds that, for the convenience of
parties and witnesses and in the interest of justice, the ac-
tion should be retained for the determination of damages.
‘‘(3) Any remand under paragraph (2) shall not be
effective until 60 days after the district court has issued
an order determining liability and has certified its inten-
tion to remand the removed action for the determination
of damages. An appeal with respect to the liability deter-
mination and the choice of law determination of the district
court may be taken during that 60-day period to the court
of appeals with appellate jurisdiction over the district
court. In the event a party files such an appeal, the remand
shall not be effective until the appeal has been finally dis-
posed of. Once the remand has become effective, the liability
determination and the choice of law determination shall not
be subject to further review by appeal or otherwise.
‘‘(4) Any decision under this subsection concerning re-
mand for the determination of damages shall not be review-
able by appeal or otherwise.
‘‘(5) An action removed under this subsection shall be
deemed to be an action under section 1370 and an action
in which jurisdiction is based on section 1368 of this title
for purposes of this section and sections 1407, 1660, 1697,
and 1785 of this title.
‘‘(6) Nothing in this subsection shall restrict the au-
thority of the district court to transfer or dismiss an action
on the ground of inconvenient forum.’’.
(e) CHOICE OF LAW.—
(1) DETERMINATION BY THE COURT.—Chapter
111 of title 28, United States Code, is amended by
adding at the end the following new section:
‘‘§ 1660. Choice of law in multiparty, multiforum ac-
tions
‘‘(a) FACTORS.—In an action which is or could have
been brought, in whole or in part, under section 1370 of
this title, the district court in which the action is brought
or to which it is removed shall determine the source of the
applicable substantive law, except that if an action is trans-
ferred to another district court, the transferee court shall
determine the source of the applicable substantive law. In
making this determination, a district court shall not be
bound by the choice of law rules of any State, and the fac-
tors that the court may consider in choosing the applicable
law include—
‘‘(1) the place of the injury;
‘‘(2) the place of the conduct causing the injury;
‘‘(3) the principal places of business or domiciles
of the parties;
‘‘(4) the danger of creating unnecessary incen-
tives for forum shopping; and
‘‘(5) whether the choice of law would be reason-
ably foreseeable to the parties.
The factors set forth in paragraphs (1) through (5) shall
be evaluated according to their relative importance with re-
spect to the particular action. If good cause is shown in
exceptional cases, including constitutional reasons, the
court may allow the law of more than one State to be ap-
plied with respect to a party, claim, or other element of
an action.
‘‘(b) ORDER DESIGNATING CHOICE OF LAW.—The dis-
trict court making the determination under subsection (a)
shall enter an order designating the single jurisdiction
whose substantive law is to be applied in all other actions
under section 1370 arising from the same accident as that
giving rise to the action in which the determination is
made. The substantive law of the designated jurisdiction
shall be applied to the parties and claims in all such actions
before the court, and to all other elements of each action,
except where Federal law applies or the order specifically
provides for the application of the law of another jurisdic-
tion with respect to a party, claim, or other element of an
action.
‘‘(c) CONTINUATION OF CHOICE OF LAW AFTER RE-
MAND.—In an action remanded to another district court
or a State court under section 1407(i)(1) or 1441(e)(2) of
this title, the district court’s choice of law under subsection
(b) shall continue to apply.’’.
(2) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 111 of title 28,
United States Code, is amended by adding at the end
the following new item:
‘‘1660. Choice of law in multiparty, multiforum actions.’’.
(f) SERVICE OF PROCESS.—
(1) OTHER THAN SUBPOENAS.—(A) Chapter 113
of title 28, United States Code, is amended by adding
at the end the following new section:
‘‘§ 1697. Service in multiparty, multiforum actions
‘‘When the jurisdiction of the district court is based
in whole or in part upon section 1370 of this title, process,
other than subpoenas, may be served at any place within
the United States, or anywhere outside the United States
if otherwise permitted by law.’’.
(B) The table of sections at the beginning of
chapter 113 of title 28, United States Code, is amend-
ed by adding at the end the following new item:
‘‘1697. Service in multiparty, multiforum actions.’’.
(2) SERVICE OF SUBPOENAS.—(A) Chapter 117
of title 28, United States Code, is amended by adding
at the end the following new section:
‘‘§ 1785. Subpoenas in multiparty, multiforum actions
‘‘When the jurisdiction of the district court is based
in whole or in part upon section 1370 of this title, a sub-
poena for attendance at a hearing or trial may, if author-
ized by the court upon motion for good cause shown, and
upon such terms and conditions as the court may impose,
be served at any place within the United States, or any-
where outside the United States if otherwise permitted by
law.’’.
(B) The table of sections at the beginning of
chapter 117 of title 28, United States Code, is amend-
ed by adding at the end the following new item:
‘‘1785. Subpoenas in multiparty, multiforum actions.’’.
(g) EFFECTIVE DATE.—The amendments made by this
section shall apply to a civil action if the accident giving
rise to the cause of action occurred on or after the 90th
day after the date of the enactment of this Act.