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Civil Procedure Keyed to Hazard
Ferens v. John Deere Co.
Citation:
494 U.S. 516, 110 S.Ct. 1274, 108 L.Ed.2d 443Facts
Albert Ferens (Plaintiff), a citizen of Pennsylvania, lost his hand when using a combine harvester manufactured by John Deere Co. (Defendant), a Delaware corporation. After Pennsylvania’s statute of limitations had expired for a negligence claim, Plaintiff sued under a contract claim in a federal Pennsylvania court under diversity jurisdiction. Plaintiff also sued for negligence in a federal Mississippi court under diversity jurisdiction because Mississippi statute of limitations had not yet passed for the claim. . Plaintiff then moved to transfer the case from Mississippi to Pennsylvania under 28 U.S.C. § 1404(a).
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