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47 U.S.C. § 411Joinder of parties

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 264 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets extra parties join lawsuits enforcing this chapter, not just the carrier. Courts can rule for or against these added parties the same way they rule against carriers. People who share a damages award can also sue several carriers together in one case.

(a) When someone brings a case to enforce this chapter — whether before the Commission or in a federal district court — the case can include more than just the carrier as a party. Anyone else interested in, or affected by, the charge, rule, or practice at issue may be added too. The Commission or court can investigate, issue orders, and make decrees against these added parties the same way, and to the same extent, as it can against carriers. (b) If the Commission awards damages to several people in a single order, all of them can join together as plaintiffs in one lawsuit to collect the money. All the carriers named in that order can be joined together as defendants in the same suit. The joint plaintiffs can bring this combined suit in any federal district where at least one of them could have sued at least one of the carriers on their own. If a defendant carrier isn't found in that district, it can still be served in any district where it has its main operating office. If the joint plaintiffs win, the court can enter judgment for any one of them against whichever defendant is found liable to that particular plaintiff.
the actual law source: uscode.house.gov ↗public domain
(a)

In any proceeding for the enforcement of the provisions of this chapter, whether such proceeding be instituted before the Commission or be begun originally in any district court of the United States, it shall be lawful to include as parties, in addition to the carrier, all persons interested in or affected by the charge, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to carriers.

(b)

In any suit for the enforcement of an order for the payment of money all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such joint suit, the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff.

Source credit: (June 19, 1934, ch. 652, title IV, § 411, 48 Stat. 1098.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1098

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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