§ 107. LITIGATION MANAGEMENT.
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Procedures and Damages.— In general .— If the Secretary makes a determination pursuant to section 102 that an act of terrorism has occurred, there shall exist a Federal cause of action for property damage, personal injury, or death arising out of or resulting from such act of terrorism, which shall be the exclusive cause of action and remedy for claims for property damage, personal injury, or death arising out of or relating to such act of terrorism, except as provided in subsection (b).
Preemption of state actions .— All State causes of action of any kind for property damage, personal injury, or death arising out of or resulting from an act of terrorism that are otherwise available under State law are hereby preempted, except as provided in subsection (b). Substantive law .— The substantive law for decision in any such action described in paragraph
(1)shall be derived from the law, including choice of law principles, of the State in which such act of terrorism occurred, unless such law is otherwise inconsistent with or preempted by Federal law. Jurisdiction .— For each determination described in paragraph (1), not later than 90 days after the occurrence of an act of terrorism, the Judicial Panel on Multidistrict Litigation shall designate 1 district court or, if necessary, multiple district courts of the United States that shall have original and exclusive jurisdiction over all actions for any claim (including any claim for loss of property, personal injury, or death) relating to or arising out of an act of terrorism subject to this section. The Judicial Panel on Multidistrict Litigation shall select and assign the district court or courts based on the convenience of the parties and the just and efficient conduct of the proceedings. For purposes of personal jurisdiction, the district court or courts designated by the Judicial Panel on Multidistrict Litigation shall be deemed to sit in all judicial districts in the United States. Punitive damages .— Any amounts awarded in an action under paragraph
(1)that are attributable to punitive damages shall not count as insured losses for purposes of this title. Authority of the secretary .— Procedures and requirements established by the Secretary under section 50.82 of part 50 of title 31 of the Code of Federal Regulations (as in effect on the date of issuance of that section in final form) shall apply to any cause of action described in paragraph
(1)of this subsection. Exclusion .— Nothing in this section shall in any way limit the liability of any government, an organization, or person who knowingly participates in, conspires to commit, aids and abets, or commits any act of terrorism with respect to which a determination described in subsection (a)(1) was made. Right of Subrogation .— The United States shall have the right of subrogation with respect to any payment or claim paid by the United States under this title. Relationship to Other Law .— Nothing in this section shall be construed to affect— any party’s contractual right to arbitrate a dispute; or any provision of the Air Transportation Safety and System Stabilization Act ( Public Law 107–42 ; 49 U.S.C. 40101 note.). Effective Period .— This section shall apply only to actions described in subsection (a)(1) that arise out of or result from acts of terrorism that occur or occurred during the effective period of the Program.
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- Pub. L. 107-42
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