Legal Opinion

Hernandez v. The Motor Vessel Skyward

District Court, S.D. Florida

Decided November 21, 1973No. Civ. No. 73-1185-CAPublishedCited by 58 opinions

1Opinion of the Court

ATKINS, District Judge.

This cause has come before the Court on a motion by plaintiffs to certify this case as a class action pursuant to F.R.Civ.P. 23(b)(1)(A) and (B) and/or 23(b)(3) and Local Rule 19 subd. A(3). A brief recitation of the circumstances giving rise to this motion will elucidate the vexatious issue before the Court. On June 23, 1973 the Motor Vessel “Skyward” departed from the Port of Miami with 655 passengers aboard on what was to be a seven day pleasure cruise. The trip turned into a nightmare for many of those aboard, however. Most of the passengers and crew were taken…

2Cases cited18 opinions

  1. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  2. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  3. United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
  4. James Talcott, Inc. v. Allahabad Bank, Ltd.Court of Appeals for the Fifth Circuit · 1971
  5. United States v. United Air Lines, Inc.District Court, D. Nevada · 1962

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3Cited by58 opinions

  1. Woodrow Sterling v. Velsicol Chemical CorporationCourt of Appeals for the Sixth Circuit · 1988
  2. Elsie Simer v. Richard J. Rios, Acting Director of Community Services Administration Community Services AdministrationCourt of Appeals for the Seventh Circuit · 1981
  3. School District of Lancaster v. Lake Asbestos of Quebec, Ltd.Court of Appeals for the Third Circuit · 1986
  4. Mullen v. Treasure Chest Casino, LLCCourt of Appeals for the Fifth Circuit · 1999
  5. Gunnells v. Healthplan Services, Inc.Court of Appeals for the Fourth Circuit · 2003

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