Legal Opinion
Bonnie Bailey, as Personal Representative of the Estate of Clarence W. Bailey, on Behalf of the Estate and Survivors v. Carnival Cruise Lines, Inc.
Court of Appeals for the Eleventh Circuit
Decided November 4, 1985No. 85-5190PublishedCited by 32 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
In this ease we are presented with a question of first impression: whether the filing of a suit under the Death on the High Seas Act in a state court will toll the running of a contractual time bar. The United States District Court for the Southern District of Florida held that filing an action in state court would prevent the running of such a bar. For the reasons stated herein we disagree and hold that such a state court action will not preserve this exclusively federal claim.
I. FACTS.
This action alleges malpractice and wrongful death on board a cruise ship outside…
2Cases cited9 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
- Albert Kornberg and Laura Kornberg v. Carnival Cruise Lines, Inc.Court of Appeals for the Eleventh Circuit · 1984
- Ralph Carpenter v. Klosters Rederi A/s, a Foreign Corporation, D/B/A Norwegian Caribbean LinesCourt of Appeals for the Fifth Circuit · 1979
- Cathbake Investment Company, Inc. v. Fisk Electric Company, Inc.Court of Appeals for the Eleventh Circuit · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Jackson v. AstrueCourt of Appeals for the Eleventh Circuit · 2007
- Garcia-Mir v. MeeseCourt of Appeals for the Eleventh Circuit · 1986
- Rafeh-Rafie Ardestani v. United States Department of Justice, Immigration and Naturalization ServiceCourt of Appeals for the Eleventh Circuit · 1990
- Sylvia Crist vs Carnival CorporationCourt of Appeals for the Eleventh Circuit · 2010
- William H. Hamer v. City of Atlanta, United States of America v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1989
27 more not listed; retrieve them via the Exa API.