FAIR Trucking Act
The FAIR Trucking Act would add a new pathway for federal court jurisdiction over highway accident lawsuits involving interstate trucking. Specifically, it would create federal jurisdiction in cases where a commercial motor vehicle involved in an interstate road crash causes bodily injury or death, the amount in controversy is more than $5,000,000 (excluding interest and costs), and there is a particular set of diverse-party relationships between plaintiffs and defendants (including cases with foreign parties). The citizenship of plaintiffs would be determined as of the filing date (or, for amended filings, the date when federally cognizable jurisdiction is indicated). Unincorporated associations would be treated as citizens of the state where they have their principal place of business and the state under whose laws they are organized. In short, large interstate trucking crash cases meeting these criteria would be heard in federal district courts rather than state courts. The act is titled the Forum Accountability and Integrity in Roadway Trucking Act (FAIR Trucking Act).
Key Points
- 1Establishes federal original jurisdiction in district courts for highway accident actions against interstate motor carriers when the case involves bodily harm or death, the amount in controversy exceeds $5,000,000, and there is specified diversity (including foreign-party involvement).
- 2Requires citizenship of plaintiffs to be determined at the date of filing (or at the date of service for amended filings indicating federal jurisdiction); unincorporated associations are treated as citizens of their principal place of business and the state under whose laws they are organized.
- 3Applies specifically to commercial motor vehicles operating on public roads in interstate commerce (as defined in law governing motor carriers).
- 4Creates a new, dedicated federal venue for high-value interstate trucking crashes, potentially shifting many such cases from state courts to federal courts.
- 5The act designates the new jurisdiction under the existing framework of 28 U.S.C. §1332, with a renumbering (subsection (e) would be added after (d) and then redesignate (e) as (f)).