Diversity Jurisdiction, MDL and History
I was just rereading Henry Friendly’s Essay on the history of diversity jurisdiction.
There he quotes from remarks by George Mason:
“What!” he exclaimed, “carry me a thousand miles from home — from my family and business, where perhaps, it will be impossible for me to prove that I paid it [a bond]? … Suppose I have your bond for £ 1000 — if I have any wish to harrass you, or if I be of a litigious disposition, I have only to assign it to a gentleman in Maryland.”
Henry J. Friendly, The Historic Basis of Diversity Jurisdiction, 41 Harv. L. Rev. 483, 491 (1928). This reminds me of the concerns raised by individuals swept into the MDL. The subject is contract, but the idea is the same.
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