· 3/7/1978
James Corke v. Sameiet M. S. Song of Norway, Royal Caribbean Cruise Line A/s Royal Caribbean Cruise Line, Inc., and Per Oslebye, M.D.
Citations
- 572 F.2d 77
- 1978 U.S. App. LEXIS 12276
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that cases have found a “lack of subject matter jurisdiction in the transferor court to be fatal” to a Section 1406(a) transfer
- holding transfer is in the interest of justice, in part because “[it] would apparently enable appellant to obtain personal jurisdiction over some or all of the defendants[.]”
- explaining that an “important purpose” of a §1406(a) transfer is to “alleviat[e] the burden” of statutes of limitations acting as “procedural obstacles” to hearing a case on the merits (citations omitted)
- explaining that an “important purpose” of a §1406(a) transfer is to “alleviat[e] the burden” of statutes of limitations acting as “procedural obstacles” to hearing a case on the merits (citations omitted)
- finding transfer is in the interest of justice because Florida's four-year negligence statute and two-year malpractice statute would bar institution of a new action
- adopting Judge Winfield’s view in Volk Corp. v. Art-Pak Clip Art Service, 432 F. Supp. 1179, 1181 & nn. 4-5 (S.D.N.Y. 1977)
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Van Graafeiland Bartels
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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