John Laguna v. American Export Isbrandtsen Lines, Inc.
Court of Appeals for the Second Circuit
Lumbard, Chief Judge, dissented, filed opinion, and voted to affirm.
1Opinion of the Court
FEINBERG, Circuit Judge:
Plaintiff John Laguna, a seaman, appeals from a judgment for defendant American Export Isbrandtsen Lines, Inc., after a jury trial before Walter R. Mansfield, J., in the United States District Court for the Southern District of New York. Appellant offers a number of reasons why he is entitled to a new trial but only one requires extended discussion: the claim that the trial judge should have modified the pre-trial order to allow plaintiff to press at trial a negligence theory not made explicit in the pre-trial order. Because we agree that the judge erred in this…
2Cases cited3 opinions
- Arthur Clark v. The Pennsylvania Railroad CompanyCourt of Appeals for the Second Circuit · 1964
- Joseph Walters v. Moore-Mccormack Lines, Inc.Court of Appeals for the Second Circuit · 1962
- Scott v. Spanjer Bros.Court of Appeals for the Second Circuit · 1962
3Cited by20 opinions
- Taylor v. Washington Hospital CenterDistrict of Columbia Court of Appeals · 1979
- Iannone v. Frederic R. Harris, Inc.District Court, S.D. New York · 1996
- Madison Consultants v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1983
- Ismail v. CohenDistrict Court, S.D. New York · 1989
- The Tupman Thurlow Co., Inc. v. S.S. Cap Castillo, Her Engines, Boilers, Etc.Court of Appeals for the Second Circuit · 1974
15 more not listed; retrieve them via the Exa API.