Legal Opinion
Curry v. States Marine Corp. of Delaware
District Court, S.D. New York
Decided January 20, 1954PublishedCited by 10 opinions
1Opinion of the Court
WEINFELD, District Judge.
The parties have taken conflicting positions on the limitation period which governs under the plea of laches in this maritime tort. Absent consent by the moving party that the limitation period which the District Court of New York would apply by analogy were the action to remain here shall govern in the transferee district, the motion to transfer under § 1404(a), 28 U.S.C.A., is denied.
Plaintiff properly effected service upon defendant in this district. True, he may have been forum-shopping, but the law has not, particularly in the case of seamen and others in his…
2Cases cited10 opinions
- In Re the Louisville UnderwritersSupreme Court of the United States · 1890
- Headrick v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Tenth Circuit · 1950
- Redman v. United StatesCourt of Appeals for the Second Circuit · 1949
- Greve v. Gibraltar Enterprises, Inc.District Court, D. New Mexico · 1949
- Schiavone-Bonomo Corp. v. Buffalo Barge Towing Corp.Court of Appeals for the Second Circuit · 1942
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- Kaiser v. Mayo ClinicDistrict Court, D. Minnesota · 1966
- Viaggio v. FieldDistrict Court, D. Maryland · 1959
- Hargrove v. Louisville & Nashville Railroad CompanyDistrict Court, W.D. Kentucky · 1957
- May v. the Steel NavigatorDistrict Court, S.D. New York · 1957
5 more not listed; retrieve them via the Exa API.