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the State court from which the action was removed, for
the determination of damages, other than punitive dam-
ages, unless the court finds, for the convenience of parties
and witnesses and in the interest of justice, that the action
should be retained for the determination of damages.
‘‘(2) Any remand under paragraph (1) shall not be
effective until 60 days after the transferee court has
issued an order determining liability and has certified its
intention to remand some or all of the transferred actions
for the determination of damages. An appeal with respect
to the liability determination of the transferee court may
be taken during that 60-day period to the court of appeals
with appellate jurisdiction over the transferee court. In the
event a party files such an appeal, the remand shall not
be effective until the appeal has been finally disposed of.
Once the remand has become effective, the liability deter-
mination shall not be subject to further review by appeal
or otherwise.
‘‘(3) An appeal with respect to determination of puni-
tive damages by the transferee court may be taken, during
the 60-day period beginning on the date the order making
the determination is issued, to the court of appeals with
jurisdiction over the transferee court.
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‘‘(4) Any decision under this subsection concerning
remand for the determination of damages shall not be re-
viewable by appeal or otherwise.
‘‘(5) Nothing in this subsection shall restrict the au-
thority of the transferee court to transfer or dismiss an
action on the ground of inconvenient forum.’’.
(d) REMOVAL OF ACTIONS.—Section 1441 of title 28,
United States Code, is amended—
(1) in subsection (e) by striking ‘‘(e) The court
to which such civil action is removed’’ and inserting
‘‘(f) The court to which a civil action is removed
under this section’’; and
(2) by inserting after subsection (d) the fol-
lowing 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 1369 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 1369 in a United States district
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court and arises from the same accident as the ac-
tion 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 1369 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(j) 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 determina-
tion of damages, unless the court finds that, for the con-
venience of parties and witnesses and in the interest of
justice, the action 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-
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tion to remand the removed action for the determination
of damages. An appeal with respect to the liability deter-
mination of the district court may be taken during that
60-day period to the court of appeals with appellate juris-
diction 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 disposed of. Once the remand has
become effective, the liability determination shall not be
subject to further review by appeal or otherwise.
‘‘(4) Any decision under this subsection concerning
remand for the determination of damages shall not be re-
viewable by appeal or otherwise.
‘‘(5) An action removed under this subsection shall
be deemed to be an action under section 1369 and an ac-
tion in which jurisdiction is based on section 1369 of this
title for purposes of this section and sections 1407, 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 ac-
tion on the ground of inconvenient forum.’’.
(e) 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:
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‘‘§ 1697. Service in multiparty, multiforum actions
‘‘When the jurisdiction of the district court is based
in whole or in part upon section 1369 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
amended 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 add-
ing 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 1369 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
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amended by adding at the end the following new
item:
‘‘1785. Subpoenas in multiparty, multiforum actions.’’.
SEC. 4. EFFECTIVE DATE.
(a) SECTION 2.—The amendments made by section
2 shall apply to any civil action pending on or brought
on or after the date of the enactment of this Act.
(b) SECTION 3.—The amendments made by section
3 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.
Passed the House of Representatives March 14,
2001.
Attest:
JEFF TRANDAHL,
Clerk.