How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27692
Experience:  Lawyer
26798026
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

federal law where to sue Union Pacific and Amtrak for a train

This answer was rated:

federal law where to sue Union Pacific and Amtrak for a train accident involving a death do you have to sue them in the federal court district where the accident occurred or can you sue them in the federal court where you live
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry for your loss.

Unfortunately, jurisdiction and venue are always based on the defendant, not the plaintiff, so the plaintiff often is not able to sue in the most convenient place unless the defendant happens to reside there.

The federal court will have jurisdiction over the company in any state where they do business, or where the accident occurred. Venue is proper in any federal district where the act or omission leading to the accident occurred or where the defendant has a headquarters or conducts a substantial amount of business activity. See 28 U.S.C. 1391.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

dear lucy


 


thank you. So if I live in Oklahoma, the accident occurred in California and because Amtrak and Union Pacific do business in Oklahoma I can sue in the federal district court where I live in Oklahoma. That is what I am trying to decide. I have spoken on the phone with Amtrak and the local police and I do not want to sue in Sacramento who has federal jurisdiction.

If they regularly conduct business activities in Oklahoma, they can be sued there. Just be aware that they can also move to transfer the case to California, if that's where all of the issues giving rise to the lawsuit occurred and where most of the witnesses and evidence is located. A district court judge has the ability to transfer a case to another district.
Customer: replied 3 years ago.

Thank you... if I have any other questions and will pay for your time which i will can i contact you again?


 


I just don't want to loose the statute of limitations and I want to make sure this never happens to anyone again. I also want more than one federal judge involved. California is corrupt and I think Oklahoma has better judges

Yes, I'm happy to answer any other questions you might have.

I cannot promise that the case will stay in Oklahoma. There's a good chance that it will be transferred. A transfer from one district to another does not affect the statute of limitations.
Lucy, Esq. and 3 other Legal Specialists are ready to help you