Ferens v. John Deere Co.

494 U.S. 516 (1990)

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Nature of the Case

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Facts

Ferens (P) lost his right hand when it became caught in a combine harvester made by Deere (D). P sued D in District Court in Pennsylvania after the two-year tort claim statute of limitations expired. P sued under contract and warranty claims. The court had diversity jurisdiction as P was a Pennsylvania resident and D was a Delaware corporation with its principal place of business in Illinois. P then filed a tort action in the Southern District of Mississippi, alleging negligence and product liability. Diversity jurisdiction and venue were proper, and P knew that Mississippi law would govern the limitation period. Mississippi's borrowing statute did not apply to P's action, as D was a corporate resident of Mississippi before the cause of action accrued. P then moved to transfer the Mississippi action to the court in Pennsylvania under a section 1404(a) motion. The court agreed and transferred the action but declined to honor the Mississippi statute of limitations and then dismissed the tort action. The Court of Appeals affirmed in that applying the Mississippi statute would violate due process. That was vacated and remanded. On remand, the Court of Appeals affirmed ruling that a transferor court's choice of law rules do not apply after a transfer under section 1404(a) on a motion by a plaintiff. The Supreme Court granted certiorari.