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‘‘(1) the place of the injury;
‘‘(2) the place of the conduct causing the in-
jury;
‘‘(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
respect 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
district 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 1369 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 ac-
tions before the court, and to all other elements of each
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action, except where Federal law applies or the order spe-
cifically provides for the application of the law of another
jurisdiction with respect to a party, claim, or other ele-
ment 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 sub-
section (b) shall continue to apply.’’.
(2) CONFORMING AMENDMENT.—The table of
sections 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 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
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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
amended by adding at the end the following new
item:
‘‘1785. Subpoenas in multiparty, multiforum actions.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act 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.
Æ