Legal Opinion
Servis v. Hiller Systems Inc.
District Court, E.D. Virginia
Decided July 6, 1994No. Civ. A. 2:94cv202PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
DOUMAR, District Judge.
This matter is before the Court on defendants’ motions to dismiss and plaintiffs motion to remand the matter to the state court where it was originally filed. The United States made a special appearance in support of the plaintiffs motion to remand. 1
This case concerns the interaction between the saving to suitors clause of 28 U.S.C. § 1333 and the “exclusivity” provision of the Suits in Admiralty Act (“SAA”), 46 U.S.CApp. § 745. The question is whether a plaintiff may save his right to proceed in state court (with a jury) by naming only subcontractors…
2Cases cited15 opinions
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
- Petition of the United States of America and Mathiasen's Tanker Industries, Inc., for Exoneration From or Limitation of Liability as Owners of the U.S.N.S. Mission San Francisco, United States of America, in No. 15294. Mathiasen's Tanker Industries, Inc., in No. 15281Court of Appeals for the Third Circuit · 1966
- Nelsen v. Research Corp. of the University of HawaiiDistrict Court, D. Hawaii · 1992
- Smith v. United StatesCourt of Appeals for the Fourth Circuit · 1965
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3Cited by3 opinions
- Servis v. Hiller Systems Inc.Court of Appeals for the Fourth Circuit · 1995
- Margan v. Chemetron Fire Systems, Inc.District Court, E.D. Virginia · 1997
- Isabella Servis, Administratrix of the Estate of Peter Thomas Humphrey v. Hiller Systems Incorporated Jason B. Nuss Wayne Francis Muth Edward Speary, Iii, Norfolk Shipbuilding & Drydock Corporation, & Third Party Valcon Sales and Services, Incorporated v. United States of America, Third Party Michael G. Miller, Sadie R. Richardson, Administratrix, C.T.A., of the Estate of William B. Turek, Amici Curiae. Isabella Servis, Administratrix of the Estate of Peter Thomas Humphrey v. Hiller Systems Incorporated Jason B. Nuss Wayne Francis Muth Edward Speary, Iii, Norfolk Shipbuilding & Drydock Corporation, & Third Party Sadie R. Richardson, Administratrix, C.T.A., of the Estate of William B. Turek, Amicus Curiae, and Valcon Sales and Services, Incorporated v. United States of America, Third Party Michael G. Miller, of the Estate of William B. Turek, Amicus CuriaeCourt of Appeals for the Third Circuit · 1995