Legal Opinion
Mitchell v. Public Service Coordinated Transport
District Court, D. New Jersey
Decided September 29, 1952No. Civ. A. No. 626PublishedCited by 8 opinions
1Opinion of the Court
MODARELLI, District Judge.
The defendants, by oral motion at pretrial without notice to the court or their adversary, moved that the above action be dismissed on the ground that plaintiff has filed three suits involving the same accident, thus subjecting defendants to undue harassment, embarrassment, and vexation.
The court does not approve of the practice of counsel bringing motions, without notice, at pre-trial conferences. Attention of counsel is called to Rule 6(d) of the Federal Rules of Civil Procedure, 28 U.S.C., which requires that notice of the hearing of a motion shall be served not…
2Cases cited5 opinions
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
- Penn Central Casualty Co. v. Pennsylvania Ex Rel. SchnaderSupreme Court of the United States · 1935
- Crosley Corporation v. Hazeltine CorporationCourt of Appeals for the Third Circuit · 1941
- Godfrey L. Cabot, Inc. v. Binney & Smith Co.District Court, D. New Jersey · 1942
3Cited by8 opinions
- Gerald Alger and Frelove Alger v. Larry HayesCourt of Appeals for the Eighth Circuit · 1972
- Ex Parte Elba Gen. Hosp. and Nursing Home, Inc.Supreme Court of Alabama · 2001
- Buffington v. Continental Casualty CompanyNew Mexico Supreme Court · 1961
- Mahkimetas Ex Rel. Mahkimetas v. DascolaDistrict Court, E.D. Wisconsin · 1971
- Altman v. AltmanSupreme Court of Vermont · 1999
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