Legal Opinion
Marchica v. Long Island Rail Road
District Court, E.D. New York
Decided January 26, 1993No. CV 91-2222 (ADS)PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
SPATT, District Judge.
According to several recent commentaries, the Acquired Immune Deficiency Syndrome (“AIDS”) “carries the potential to be the greatest natural tragedy in human history.” 1 For the legal profession, the ramifications of this protean epidemic force those entrusted with applying the law into unexplored territory.
It is in this context that the instant case raises the question, for what appears to be the first time in this Circuit, whether the fear of contracting AIDS can form the basis of a cause of action under the Federal Employers’ Liability Act…
2Cases cited34 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Urie v. ThompsonSupreme Court of the United States · 1949
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Western World Insurance Company v. Stack Oil, Inc.Court of Appeals for the Second Circuit · 1990
29 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- K.A.C. v. BensonSupreme Court of Minnesota · 1995
- John J. Marchica v. Long Island Railroad CompanyCourt of Appeals for the Second Circuit · 1994
- Carroll v. Sisters of Saint Francis Health Services, Inc.Tennessee Supreme Court · 1993
- Tischler v. DimennaNew York Supreme Court · 1994
- Kaufman v. Physical Measurements, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
6 more not listed; retrieve them via the Exa API.