Legal Opinion
Herrley v. Volkswagen of America, Inc.
District Court, S.D. Mississippi
Decided November 28, 1984No. Civ. A. J83-0891(B)PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BARBOUR, District Judge.
This matter is before the Court on the motion of both Defendants to dismiss this action for lack of in personam jurisdiction pursuant to F.R.Civ.P. 12(b)(2) and for insufficiency of process pursuant to F.R. Civ.P. 12(b)(4). 1
On December 24, 1977, in the State of Florida, the Plaintiffs were injured when their 1965 Volkswagen left the road and rolled over. The Plaintiffs allege their injuries resulted from defects in the door latches, seats, and right front wheel assembly of the automobile and that the Defendants had failed to properly…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
- Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
- Jose Demelo and Marie Demelo v. Toche Marine, Inc., Woolsey Marine Industries, Inc.Court of Appeals for the Fifth Circuit · 1983
- Ralph E. Vorhees, to His Own Use and to the Use of Liberty Mutual Insurance Company and Nancy Vorhees, His Wife v. Fischer & KreckeCourt of Appeals for the Fourth Circuit · 1983
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thompson v. Chrysler Motors Corp.Court of Appeals for the Fifth Circuit · 1985
- Southern Pacific Transp. Co. v. FoxMississippi Supreme Court · 1992
- Wilmington Trust, N.A. v. Lincoln Benefit Life Co.District Court, N.D. Mississippi · 2018
- Walter Herrley and Judith Sund Herrley v. Volkswagen of America, Inc., and Volkswagenwerk, A.G.Court of Appeals for the Fifth Circuit · 1992
- Herrley v. Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 1992
1 more not listed; retrieve them via the Exa API.