San Diego Law Review

Library of Congress Authority File


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This Comment examines Congress' recent enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984, which removed the trial of a debtor who is also a defendant in a tort action to the federal district court from the state court in which the case is pending. The author uses the example of asbestosis litigation as a backdrop for their analysis. The author concludes that certain portions of the Act unconstitutionally expand federal subject matter jurisdiction in the bankruptcy context.

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