Legal Opinion
Young v. Cuddington
District Court, M.D. Pennsylvania
Decided February 28, 1979No. Civ. 78-1104PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
NEALON, District Judge.
The issue to be resolved here is whether a litigant may file an action in a federal district court wherein venue is properly laid and personal jurisdiction is not contested and, after being confronted with the fact that the applicable statute of limitations in that court would bar the action, have the case transferred to a district court in another state where it could have been brought in the first instance; where the claim may arguably not have been barred by the statute of limitations if brought there originally; and where it may arguably not be…
2Cases cited18 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
- Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
- James Corke v. Sameiet M. S. Song of Norway, Royal Caribbean Cruise Line A/s Royal Caribbean Cruise Line, Inc., and Per Oslebye, M.D.Court of Appeals for the Second Circuit · 1978
- Marve A. Dubin v. United StatesCourt of Appeals for the Fifth Circuit · 1967
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3Cited by5 opinions
- Tobias Chavez v. Dole Food Company IncCourt of Appeals for the Third Circuit · 2016
- Carteret Savings Bank, FA v. ShushanCourt of Appeals for the Third Circuit · 1990
- Carteret Savings Bank, Fa v. Louis G. Shushan, Donald A. Meyer, Rader Jackson, Jacqueline McPherson Mitchell W. Herzog and Shushan, Meyer, Jackson, McPherson and Herzog. Carteret Savings Bank, Fa v. Louis G. Shushan, Donald A. Meyer, Rader Jackson, Jacqueline McPherson Mitchell W. Herzog and Shushan, Meyer, Jackson, McPherson and Herzog, Honorable Nicholas H. Politan, United States District Judge for the District of New Jersey, NominalCourt of Appeals for the Third Circuit · 1990
- Murphy v. Klein Tools, Inc.District Court, D. Kansas · 1988
- O'BRIEN v. Lake Geneva Sugar Shack, Inc.District Court, N.D. Illinois · 1984