Legal Opinion
Minichiello Realty Associates, Inc. v. Britt
District Court, D. New Jersey
Decided September 27, 1978No. Civ. 78-1128PublishedCited by 17 opinions
1Opinion of the Court
OPINION
BIUNNO, District Judge.
It is a rule of ancient origin that an action which is local in nature, rather than transitory, can only be asserted in a court whose territorial jurisdiction includes the location of the subject of the action. When a local action is sued on in a federal disti’ict court, with jurisdiction grounded only on the diversity of citizenship of the parties, 28 U.S.C. § 1332, then the law of the State lying within the district must be examined to decide whether the suit is a local action or not. This is so because if an action is a local one under State law, such that its…
2Cases cited17 opinions
- Casey v. AdamsSupreme Court of the United States · 1880
- Ellenwood v. Marietta Chair Co.Supreme Court of the United States · 1895
- Lindley v. O'ReillySupreme Court of New Jersey · 1888
- Hart v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1894
- Hannabalson v. SessionsSupreme Court of Iowa · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lloyd Hayes v. Gulf Oil Corporation, Now Known by Change of Name as Chevron Usa, Inc.Court of Appeals for the Fifth Circuit · 1987
- Charles J. Randall v. Arabian American Oil CompanyCourt of Appeals for the Fifth Circuit · 1985
- Move Organization v. United States Department of JusticeDistrict Court, E.D. Pennsylvania · 1983
- Hardaway Constructors, Inc. v. Conesco Industries, Ltd.District Court, D. New Jersey · 1983
- Centennial Petroleum, Inc. v. CarterDistrict Court, D. Colorado · 1982
12 more not listed; retrieve them via the Exa API.