Fifth Circuit: Franco v. Mabe Trucking, et al

 

Plain text of a federal statute permitting the transfer of an action where the court has a want of jurisdiction allows transfers for lack of personal jurisdiction, lack of subject matter jurisdiction, or both.

The provisions of the statute are compulsory, so they apply whether or not the court cites it when transferring an action.

State statute prescribing any suit after one year from the accrual of the claim but tolled by either filing a claim in a court of sufficient jurisdiction and venue or service looks to the federal courts to determine the date of filing of suit, so the federal law relating back the transferred suit to the date of filing in the first venue.  The state statute looks to the federal relation-back because the Rules of Decision Act privileges federal statutes over state laws, so the Erie analysis looks first to the federal statutory law.  The federal statute controls under the Supremacy Clause; the case is within the statute, and Congress had sufficient authority to pass the statute to regulate the federal courts.

DISSENT:

Federal statute wasn't intended to regulate state statutes of limitations.  State law is an integrated regulation of statute of limitations and service of process.  Majority's view leads to unequal results between state and federal court, and in federal courts handling transferred claims and federal courts serving as the initial forum


Franco v. Mabe Trucking, et al