Before an asbestos case is ever about your diagnosis, it's about where the case can be heard. Jurisdiction is a court's power to decide a dispute, and venue is the specific court where a case belongs. These rules decide which state's law applies, how quickly a case moves, and sometimes how much it's worth. That's why defendants fight over them so hard.
There are two kinds of jurisdiction to know. Subject matter jurisdiction is a court's authority over the type of claim, while personal jurisdiction is its authority over the particular company you're suing, usually based on where that company did business or sold its products. If a defendant thinks a case belongs elsewhere, it may invoke forum non conveniens, a doctrine that lets a court send a case to a more convenient location.
These questions can reach across borders. Lubbe v. Cape plc is a well-known decision about whether asbestos claimants could sue a parent company far from where the exposure happened.
Every term below links to a full plain-language definition, so you can follow how these threshold questions get decided.
Terms in this category
- Admiralty JurisdictionAdmiralty jurisdiction is the authority of federal courts over maritime cases, including injuries that happen…
- Federal Officer RemovalFederal officer removal lets a defendant move a lawsuit from state court to federal court when it was acting …
- Forum Non ConveniensForum non conveniens is a legal doctrine that lets a court dismiss or transfer a lawsuit when it decides anot…
- General Maritime LawGeneral maritime law is the body of federal, mostly judge-made law that governs injuries and other disputes c…
- JurisdictionJurisdiction is a court's legal authority to hear a case and make decisions that bind the parties. It include…
- Lubbe v. Cape plcLubbe v. Cape plc was a landmark House of Lords decision in 2000 that let thousands of South African workers …
- Personal JurisdictionPersonal jurisdiction is a court's legal power over a specific defendant, its authority to require that compa…
- Subject Matter JurisdictionSubject matter jurisdiction is a court's legal power to decide a particular type of case. If a court lacks th…
- VenueVenue is the specific court, usually a particular county or judicial district, where a lawsuit is filed and t…
Terms in this category
Browse the full Lexicon, or talk it through with a member of our litigation team, not a screener, at 833-4-ASBESTOS.