Legal Opinion
Pastewka v. Texaco, Inc.
District Court, D. Delaware
Decided August 11, 1976No. Civ. A. 4550-4561, 76-54PublishedCited by 8 opinions
1Opinion of the Court
OPINION
MURRAY M. SCHWARTZ, District Judge.
The question presented is whether on the facts of this case plaintiffs are precluded from pursuing a cause of action in the District of Delaware after dismissal of an identical action on the grounds of forum non conveniens has been upheld by a divided panel of the Second Circuit Court of Appeals. Procedural facts, unfortunately somewhat detailed but nonetheless essential to an understanding of a resolution of the question, are set forth below:
Plaintiffs are the owners of cargo aboard the M.V. Brandenburg, a German vessel, and the personal…
2Cases cited13 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Norwood v. KirkpatrickSupreme Court of the United States · 1955
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
- All States Freight, Inc. v. ModarelliCourt of Appeals for the Third Circuit · 1952
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mizokami Bros. Of Arizona, Inc. v. Mobay Chemical CorporationCourt of Appeals for the Eighth Circuit · 1981
- Phoenix Canada Oil Co. v. Texaco, Inc.District Court, D. Delaware · 1978
- West Coast Management & Capital, LLC v. Carrier Access Corp.Court of Chancery of Delaware · 2006
- Bromley v. MitchellAlaska Supreme Court · 1995
- Pastewka v. Texaco, Inc.Court of Appeals for the Third Circuit · 1977
3 more not listed; retrieve them via the Exa API.