Legal Opinion

Duty v. East Coast Tender Service, Inc.

Court of Appeals for the Fourth Circuit

Decided January 23, 1981No. Nos. 79-1540, 79-1541PublishedCited by 10 opinions

1Opinion of the Court

MURNAGHAN, Circuit Judge:

The case involves two mistakes, one by counsel for the plaintiff, one by the district judge. The mistakes relate to the language of a jury instruction. Are we to reverse for judicial error or should we affirm because of counsel’s failure to draw pertinent authority to the court’s attention which would have readily alerted him to his error, and permitted him to correct it? That is the question.1

THE FACTS

Plaintiff William H. Duty, a carpenter foreman, was employed by the contractor in charge of construction of a liquified natural gas (LNG) port facility located on the…

2Cases cited28 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Palmer v. HoffmanSupreme Court of the United States · 1943
  3. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  4. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  5. Kernan v. American Dredging Co.Supreme Court of the United States · 1958

23 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Norman Michaels, Norman Michaels, of Estates of Martin Popowitz and Harriet Loria Popowitz, Deceased v. Avitech Inc, Also Known as Harger AviationCourt of Appeals for the Fifth Circuit · 2000
  2. United States v. DoswellCourt of Appeals for the Fourth Circuit · 2012
  3. Jack Mathes v. The Clipper Fleet, Etc.Court of Appeals for the Ninth Circuit · 1985
  4. Ward v. Norfolk Shipbuilding and Drydock Corp.District Court, E.D. Virginia · 1991
  5. Baham v. NOBORS DRILLING USA, LPDistrict Court, W.D. Louisiana · 2010

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API