Anthony Kennedy

Name: Ferens v. John Deere Company — Opinion of the Court
Author: Anthony Kennedy

Ferens v. John Deere Company — Opinion of the Court

Summary

“Ferens v. John Deere Company — Opinion of the Court”, is a work by Anthony Kennedy. It explores elements such as Ferenses, forum and transfer.

Quotes from Ferens v. John Deere Company — Opinion of the Court (Anthony Kennedy)

Anthony Kennedy, Ferens v. John Deere Company — Opinion of the Court

“ Some plaintiffs would prefer to litigate in an inconvenient forum with favorable law than to litigate in a convenient forum with unfavorable law or not to litigate at all. The Ferenses, no doubt, would have abided by their initial choice of the District Court in Mississippi had they known that the District Court in Pennsylvania would dismiss their action. If we were to rule for Deere in this case, we would accomplish little more than discouraging the occasional motions by plaintiffs to transfer inconvenient cases. ”

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Source: Wikisource

Anthony Kennedy, Ferens v. John Deere Company — Opinion of the Court

“ Congress gave the Ferenses the power to seek a transfer in § 1404 (a) , and our decision in Van Dusen already could require a district court in Pennsylvania to apply the Mississippi statute of limitations to Pennsylvania claims. Our rule may seem too generous because it allows the Ferenses to have both their choice of law and their choice of forum, or even to reward the Ferenses for conduct that seems manipulative. We nonetheless see no alternative rule that would produce a more acceptable result. ”

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Source: Wikisource

Anthony Kennedy, Ferens v. John Deere Company — Opinion of the Court

“ We thus held that the law applicable to a diversity case does not change upon a transfer initiated by a defendant.
The quoted part of Van Dusen reveals three independent reasons for our decision. First, § 1404 (a) should not deprive parties of state-law advantages that exist absent diversity jurisdiction. Second, § 1404 (a) should not create or multiply opportunities for forum shopping. Third, the decision to transfer venue under § 1404 (a) should turn on considerations of convenience and the interest of justice rather than on the possible prejudice resulting from a change of law. ”

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Source: Wikisource

Anthony Kennedy, Ferens v. John Deere Company — Opinion of the Court

“ If a change in the law were in the offing, the parties might well regard the section primarily as a forum-shopping instrument. And, more importantly, courts would at least be reluctant to grant transfers, despite considerations of convenience, if to do so might conceivably prejudice the claim of a plaintiff who initially selected a permissible forum. ”

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Source: Wikisource

Anthony Kennedy, Ferens v. John Deere Company — Opinion of the Court

“ Section 1404 (a) also exists for the benefit of the witnesses and the interest of justice, which must include the convenience of the court. Litigation in an inconvenient forum does not harm the plaintiff alone. As Justice Jackson said:
"Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin. Jury duty is a burden that ought not to be imposed upon the people of a community which has no relation to the litigation. ”

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Source: Wikisource

Anthony Kennedy, Ferens v. John Deere Company — Opinion of the Court

“ Applying the transferor law would not give a plaintiff an opportunity to use a transfer to obtain a law that he could not obtain through his initial forum selection. If it does make selection of the most favorable law more convenient, it does no more than recognize a forum shopping choice that already exists. This fact does not require us to apply the transferee law. Section 1404 (a) , to reiterate, exists to make venue convenient and should not allow the defendant to use inconvenience to discourage plaintiffs from exercising the opportunities that they already have. ”

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Source: Wikisource

Anthony Kennedy, Ferens v. John Deere Company — Opinion of the Court

“ Co., 313 U.S., at 496, 61 S.Ct., at 1021 ("Whatever lack of uniformity [Erie ] may produce between federal courts in different states is attributable to our federal system, which leaves to a state, within the limits permitted by the Constitution, the right to pursue local policies diverging from those of its neighbors") . ”

Anthony Kennedy

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