Page:United States Statutes at Large Volume 116 Part 3.djvu/236

 116 STAT. 1828 PUBLIC LAW 107-273—NOV. 2, 2002 The removal of an action under this subsection shall be made in accordance with section 1446 of this title, except that a notice of removal may also be filed before trial of the action in State court within 30 days after the date on which the defendant first becomes a party to an action under section 1369 in a United States district court that arises from the same accident as the action in State court, or at a later time with leave of the district court. "(2) Whenever an action is removed under this subsection and the district court to which it is removed or transferred under section 1407(j) has made a liability determination requiring further proceedings as to damages, the district court shall remand the action to the State court from which it had been removed for the determination of damages, unless the court finds that, for the convenience of parties and witnesses and in the interest of justice, the action should be retained for the determination of damages. "(3) Any remand under paragraph (2) shall not be effective until 60 days after the district court has issued an order determining liability and has certified its intention to remand the removed action for the determination of damages. An appeal with respect to the liability determination of the district court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the district court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination shall not be subject to further review by appeal or otherwise. "(4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. "(5) An action removed under this subsection shall be deemed to be an action under section 1369 and an action in which jurisdiction is based on section 1369 of this title for purposes of this section and sections 1407, 1697, and 1785 of this title. "(6) Nothing in this subsection shall restrict the authority of the district court to transfer or dismiss an action on the ground of inconvenient forum.". (4) SERVICE OF PROCESS.— (A) OTHER THAN SUBPOENAS. — (i) Chapter 113 of title 28, United States Code, is amended by adding at the end the following new section: "§ 1697. Service in multiparty, multiforum actions "When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title, process, other than subpoenas, may be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.". (ii) The table of sections at the beginning of chapter 113 of title 28, United States Code, is amended by adding at the end the following new item: "1697. Service in multiparty, multiforum actions.". (B) SERVICE OF SUBPOENAS.— (i) Chapter 117 of title 28, United States Code, is amended by adding at the end the following new section:

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