Summary

Louis Brandeis Missouri ex rel. St. Louis Railway Company v…

Congress created the right of action. It might have provided that the right shall be enforceable only in a federal court. It might have provided that state courts shall have concurrent jurisdiction only of those cases which, by the applicable federal law, could, under the same circumstances, have been commenced in a federal court for the particular state.
Source: Wikisource

Louis Brandeis Missouri ex rel. St. Louis Railway Company v…

That remedy is one which was not available to the consignee in the federal court for Missouri. But this fact is not of legal significance. Compare Red Cross Line v. Atlantic Fruit Co., 264 U.S. 109, 44 S.C.t. 274, 68 L. Ed. 582. The origin of the right does not affect the manner of administering the remedy. The grant of concurrent jurisdiction implies that, in the first instance, the plaintiff shall have the choice of the court. As an incident, he is entitled to whatever remedial advantage inheres in the particular forum.
Source: Wikisource

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