Legal Opinion
Walkes v. Walkes
District Court, S.D. New York
Decided April 4, 1979No. 77 Civ. 4759 (GLG)PublishedCited by 6 opinions
1Opinion of the Court
OPINION
GOETTEL, District Judge.
In this wrongful death action, brought in federal court by virtue of diversity of citizenship, the defendants have moved to dismiss, asserting that the plaintiff cannot, as a matter of law, satisfy the $10,000 amount in controversy requirement. The defendants in this action are both domiciliaries of New York, while the plaintiff, as was his decedent, is a domiciliary of Florida. The motion presents the question of which state’s law, that of New York or Florida, should be applied in measuring the plaintiff’s damages, and whether, under the law deemed applicable,…
2Cases cited28 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Babcock v. JacksonNew York Court of Appeals · 1963
- Neumeier v. KuehnerNew York Court of Appeals · 1972
- Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1978
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3Cited by6 opinions
- Morgan Guar. Trust Co. of NY v. Garrett Corp.District Court, S.D. New York · 1986
- O'Rourke v. Eastern Air Lines, Inc.Court of Appeals for the Second Circuit · 1984
- Stephens v. Norwalk HospitalDistrict Court, D. Connecticut · 2001
- In Re Air Crash Disaster Near Chicago, Etc.District Court, N.D. Illinois · 1980
- Azzarmi v. NeubauerDistrict Court, S.D. New York · 2021
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