Crider v. Zurich Insurance

Mr. Justice Goldberg, with whom Mr. Justice Harlan and Mr. Justice Stewart join,

dissenting.

The resolution of the issue before the Court in this case necessitates setting out the history of this litigation in more detail than does the Court. Petitioner originally brought his action against the employer in an Alabama court in a three-count complaint, the first count relying on Alabama’s Workmen’s Compensation Act and the other two on Alabama common law. He then voluntarily dismissed these counts and reinstituted the action in the Alabama court with sole and express reliance on the Georgia…