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Ferens v. John Deere Co. | 494 U.S. 516 (1990)
What law should the court use when a plaintiff requests a transfer of venue? The United States Supreme Court hands it to the plaintiff in Ferens versus John Deere Company.
Farmer Albert Ferens lost his hand after it was caught in a combine harvester manufactured by John Deere Company. Ferens was a Pennsylvania resident, John Deere was a Delaware corporation that did business in several states, and the accident occurred in Pennsylvania.
Ferens sued John Deere two years after the accident. He filed contract and warranty claims in federal district court in Pennsylvania, but because Pennsylvania’s two-year statute of limitations for tort claims had expired, he filed his tort claim in federal district court in Mississippi, where the statute of limitations period for tort claims was six years. After filing suit, Ferens asked the Mississippi court to transfer the tort action to Pennsylvania under section 1404(a) of title twenty-eight of the United States Code. The Mississippi court agreed to the transfer, but the Pennsylvania court declined to honor the Mississippi statute of limitations. Consequently, the Pennsylvania court dismissed the tort action. Ferens appealed, and the Third Circuit affirmed. Ferens then appealed to the United States Supreme Court, which granted cert.
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