Legal Opinion
Albert Nealey v. Transportacion Maritima Mexicana, S. A. And Maersk Lines
Court of Appeals for the Ninth Circuit
Decided October 21, 1980No. 78-1009PublishedCited by 173 opinions
1Opinion of the Court
BLUMENFELD, District Judge:
Longshoreman Albert Nealey appeals from a dismissal with prejudice of his complaint for damages against Transportación Marítima Mexicana, S. A. (Transportación) and Maersk Lines (Maersk). The district court, in a two-sentence order, granted ap-pellees’ motion to dismiss under Fed.R. Civ.P. 41(b)1 “because of failure to prosecute because of an unreasonable delay in service of process.” We vacate the order and remand.
I
Nealey’s complaint alleged that in the course of his employment as a longshoreman, he was injured while working aboard appellees’ vessel, the SS TOLUCA,…
2Cases cited30 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Singleton v. WulffSupreme Court of the United States · 1976
- Hanna v. PlumerSupreme Court of the United States · 1965
- Patricia Scott Anderson v. Air West, IncorporatedCourt of Appeals for the Ninth Circuit · 1976
- Gomez v. ToledoSupreme Court of the United States · 1980
25 more not listed; retrieve them via the Exa API.
3Cited by173 opinions
- Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
- Henderson v. DuncanCourt of Appeals for the Ninth Circuit · 1986
- Harry Franklin v. Ms. Murphy and Hoyt CuppCourt of Appeals for the Ninth Circuit · 1984
- In Re Phenylpropanolamine (Ppa) Products Liability Litigation, Shantell Allen, on Behalf of Allen, Vera v. Bayer Corporation, Leon Anderson, Jr. v. Bayer Corporation, Leslie Ackel v. Bayer Corporation, Bridgett Arrington v. Bayer Corporation, Calvin McGriggs v. Delaco Company, Betty Clinton v. Delaco Company, Donna Sasseen v. Ide Interstate Inc., Elizabeth Page v. Bayer Corporation, Marie Riley v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Keva K. Alford, on Behalf of All Wrongful Death Beneficiaries of Henry Dexter, and Eddie Bullock v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Novartis Pharmaceuticals Corporation, Bobby Holmes v. Bayer Corporation, Melody McDaniel v. Wal-Mart Stores, Inc., Samantha Samuels v. Bayer CorporationCourt of Appeals for the Ninth Circuit · 2006
- In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, AppelleeCourt of Appeals for the Ninth Circuit · 1994
168 more not listed; retrieve them via the Exa API.