Legal Opinion

Salazar v. United States Postal Service

District Court, E.D. Virginia

Decided July 1, 1996No. Civ. A. No. 96-188-APublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

Essential to the disposition of this Title VII claim is whether such a claim may be *968brought against the United States Postal Service (“Postal Service”) in state court. If so, then the state court in which the action was originally filed had jurisdiction over the claim so that an amendment now to correct a misnomer would relate back to the state court filing, thereby rescuing the claim from the time bar of 42 U.S.C. § 2000e-16(c). But if there was no state court jurisdiction, then the amendment would not relate back to the date of the state court filing…

2Cases cited18 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Brown v. General Services AdministrationSupreme Court of the United States · 1976
  3. Library of Congress v. ShawSupreme Court of the United States · 1986
  4. Schiavone v. FortuneSupreme Court of the United States · 1986
  5. Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995

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3Cited by3 opinions

  1. Austin v. TrandellDistrict Court, E.D. Michigan · 2002
  2. Young v. City of NorfolkNorfolk County Circuit Court · 2003
  3. Yousline Romain v. South County Mental Health Center, Inc.District Court, S.D. Florida · 2026

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