Page:United States Statutes at Large Volume 116 Part 3.djvu/235

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1827 deemed to be a resident of any State in which it is incorporated or licensed to do business or is doing business; "(3) the term 'injury' means— "(A) physical harm to a natural person; and "(B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists; "(4) the term 'accident' means a sudden accident, or a natural event culminating in an accident, that results in death incurred at a discrete location by at least 75 natural persons; and "(5) the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. "(d) INTERVENING PARTIES. —In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter. " (e) NOTIFICATION OF JUDICIAL PANEL ON MULTIDISTRICT LITIGATION. —^A district court in which an action under this section is pending shall promptly notify the judicial panel on multidistrict litigation of the pendency of the action.". (B) CONFORMING AMENDMENT.—The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: "1369. Multiparty, multiforum jurisdiction.". (2) VENUE.— Section 1391 of title 28, United States Code, is amended by adding at the end the following: "(g) A civil action in which jurisdiction of the district court is based upon section 1369 of this title may be brought in any district in which any defendant resides or in which a substantial part of the accident giving rise to the action took place.". (3) REMOVAL OF ACTIONS.— Section 1441 of title 28, United States Code, is amended— (A) in subsection (e) by striking "(e) The court to which such civil action is removed" and inserting "(f) The court to which a civil action is removed under this section"; and (B) by inserting after subsection (d) the following new subsection: "(e)(1) Notwithstanding the provisions of subsection (b) of this section, a defendant in a civil action in a State court may remove the action to the district court of the United States for the district and division embracing the place where the action is pending if— "(A) the action could have been brought in a United States district court under section 1369 of this title; or "(B) the defendant is a party to an action which is or could have been brought, in whole or in part, under section 1369 in a United States district court and arises from the same accident as the action in State court, even if the action to be removed could not have been brought in a district court as an original matter.

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