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The Station fire
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Judge to hear arguments over trial location

01:00 AM EDT on Wednesday, October 15, 2003

BY TRACY BRETON
Journal Staff Writer

PROVIDENCE -- Senior U.S. District Judge Ronald R. Lagueux has scheduled a hearing for today at 10 a.m. to hear arguments as to which court should hear civil lawsuits stemming from The Station nightclub fire.

Lawyers representing victims of the fire as well as parties who have been sued or expect to be sued will argue their positions on the jurisdictional issue. Some want Lagueux to retain jurisdiction of all the civil fire cases in the federal court. Others want the cases sent back to the state Superior Court, Providence, where most of them were originally filed. The cases will probably be consolidated for trial in one court.

The fire on Feb. 20 caused the deaths of 100 people and injured more than 200. The fire broke out after the rock band Great White set off pyrotechnics, which ignited highly flammable packing foam that the nightclub owners had installed as soundproofing.

Historically, such civil cases would have been heard by the Superior Court in Rhode Island. But a new federal law, which took effect just 18 days before The Station fire, makes it easier for plaintiffs or defendants to have the U.S. District Court hear lawsuits that stem from "accidents" that cause at least 75 deaths. The Station fire may be the statute's first test. Under the new law, as long as one victim is from a state different from where the accident occurred, "any two defendants reside in different states" and any adverse parties are from different states, the federal court may hear the matter.

Curently, only seven lawsuits have been filed in connection with the fire; they currently reside in federal courts in Providence, Hartford and Boston.

Many more lawsuits are expected to be brought in months to come.

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