Legal Opinion
Pickering v. Government of the Virgin Islands
District Court, Virgin Islands
Decided October 12, 1982No. Civil No. 82-12PublishedCited by 13 opinions
1Opinion of the CourtChristian, Chief Judge
MEMORANDUM AND ORDER
This tort claims action is before the Court on the motion of the Government to dismiss for want of subject matter jurisdiction. Fed. R. Civ. Pro. 12(b)(1). The motion is premised upon the alleged failure of plaintiff to fully comply with the administrative procedures set forth in the enabling act. The motion will be granted, but the action will be dismissed without prejudice.
Under the terms of 33 V.I.C. § 3409, “no judgment shall be granted in favor” of an individual with a tort claim against the *273Government unless that claimant files an administrative claim within ninety…
2Cases cited12 opinions
- Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
- Dublin v. Virgin Islands Telephone Corp.Supreme Court of The Virgin Islands · 1978
- Mercer v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 1982
- Barski v. StateAppellate Division of the Supreme Court of the State of New York · 1973
- Otis Elevator Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henry Saludes v. Evelyn Ramos, M.D., and Government of the Virgin Islands. Appeal of Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1984
- Brunn v. DowdyeSupreme Court of The Virgin Islands · 2013
- McBean v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 1983
- Patricia Albert, Errol Albert v. Abramson's Enterprises, Inc. Government of the Virgin Islands. Appeal of Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1986
- Pickering v. DavidSupreme Court of The Virgin Islands · 1986
8 more not listed; retrieve them via the Exa API.