Legal Opinion

Chance v. E. I. Du Pont De Nemours & Co.

District Court, E.D. New York

Decided October 16, 1972No. 70 Civ. 1107PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

We are presented with a relatively novel question of procedure and conflict of laws: is a jury required to decide issues of fact upon which choice of law depends when that choice may determine decisions on motions to sever and to transfer? Our conclusion is that a jury is not needed.

This case arises out of injuries allegedly sustained by thirteen children in twelve unrelated blasting cap accidents, the injuries having occurred in the ten states where the children reside. Defendants are six manufacturers who comprise substantially the entire United…

2Cases cited21 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
  3. Turner v. United StatesSupreme Court of the United States · 1970
  4. Lutwak v. United StatesSupreme Court of the United States · 1953
  5. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958

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3Cited by10 opinions

  1. Maria Arlete Vaz Borralho v. Keydril Company, Key International Drilling Company, Ltd. And Key Perfuracoes Maritimas, Ltda.Court of Appeals for the Fifth Circuit · 1983
  2. Amiot v. AmesSupreme Court of Vermont · 1997
  3. Chance v. EI Du Pont De Nemours & Company, Inc.District Court, E.D. New York · 1974
  4. AEI Life, LLC v. Lincoln Benefit Life Co.District Court, E.D. New York · 2016
  5. In Re Vitamin C Antitrust LitigationDistrict Court, E.D. New York · 2011

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