Rivers v. Norfolk
District Court, E.D. Virginia
1Opinion of the Court
WALTER E. HOFFMAN, Chief Judge.
What effect does a final judgment of a Virginia state court of competent jurisdiction have on the rights of the plaintiff, who instituted his state court action alleging that he was a longshoreman and which action was dismissed for lack of jurisdiction and with prejudice, to now maintain a Jones Act suit in the federal court by alleging that he was a seaman ?
On October 11, 1960, plaintiff filed an action in the state court claiming damages for personal injuries sustained on August 28, 1959, while allegedly working as a longshoreman aboard a vessel owned by the…
2Cases cited12 opinions
- Land v. DollarSupreme Court of the United States · 1947
- Hughes v. United StatesSupreme Court of the United States · 1866
- Thelma M. Wade, as Administratrix of the Estate of Russell L. Smith, Deceased v. Dan Rogala, Doing Business as Rogala FisheriesCourt of Appeals for the Third Circuit · 1959
- Smith v. McNealSupreme Court of the United States · 1883
- Swift v. McPhersonSupreme Court of the United States · 1914
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