Legal Opinion
Charles Gonsalves v. Amoco Shipping Company
Court of Appeals for the Second Circuit
Decided May 16, 1984No. 660, Docket 83-7721PublishedCited by 25 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
This appeal presents a close question as to whether a seaman’s state court lawsuit arising out of his personal injuries is removable to a federal district court. The appeal reveals the tension between Congress’ preference to permit a plaintiff to maintain a Jones Act suit in state court, without risk of removal, 28 U.S.C. § 1445(a) (1982), and its permission to a defendant to remove an entire lawsuit when a removable claim that is “separate and independent” from a non-removable claim is joined in one lawsuit with the non-removable claim, 28 U.S.C. § 1441(c)…
2Cases cited23 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
- Pacific Steamship Co. v. PetersonSupreme Court of the United States · 1928
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
- Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
- Samuel "Wesley" McCabe and John Elson v. General Foods Corporation, Alan Moltz, Abner Ladson and Does 1-100Court of Appeals for the Ninth Circuit · 1987
- New York City Employees' Retirement System v. Ebbers (In Re WorldCom, Inc. Securities Litigation)District Court, S.D. New York · 2003
- California Public Employees' Retirement System v. WorldCom, Inc.Court of Appeals for the Second Circuit · 2004
20 more not listed; retrieve them via the Exa API.