Legal Opinion
Flamm v. Bethlehem Steel Co.
New York Supreme Court
Decided March 11, 1959PublishedCited by 16 opinions
1Opinion of the CourtJacob J. Schwabtzwald, J.
By the instant motion, under subdivision 1 of rule 107 of the Buies of Civil Practice, to dismiss the complaint on the ground that the court lacks jurisdiction over the subject matter of the action, it appears that a matter of first impression has been presented to the court for determination.
In short, the court is called upon to determine if the Federal compensation statute, known as Longshoremen’s and Harbor Workers’ Compensation Act, bars a former employee from bringing a common-law action to recover damages from his former employer based upon the employer’s alleged fraudulent conspiracy…
2Cases cited8 opinions
- Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
- Kujek v. . GoldmanNew York Court of Appeals · 1896
- DeCoigne v. Ludlum Steel Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Buttner v. American Bell Telephone Co.California Court of Appeal · 1940
- Fernandez v. GantzDistrict Court, District of Columbia · 1953
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Robertson v. Travelers Insurance Co.Illinois Supreme Court · 1983
- Stafford v. Westchester Fire Insurance Co. of New York, Inc.Alaska Supreme Court · 1974
- Gibson v. National Ben Franklin InsuranceSupreme Judicial Court of Maine · 1978
- Mergenthaler v. Asbestos Corp. of AmericaSupreme Court of Delaware · 1984
- Coley v. Arnot Ogden Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1985
11 more not listed; retrieve them via the Exa API.