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Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed.
Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed.
Michigan Law Review
Plaintiff, a resident of Massachusetts, brought suit in the law side of the federal district court in Massachusetts for injuries sustained as a passenger aboard defendant's ship while it was docked in Sweden. Defendant, a Swedish corporation, defended on the ground that a contract stipulation as expressed on the back of plaintiff's ticket relieved it of liability. The ticket had been purchased in Sweden. The lower court, citing only American authorities, held that the. effect of the contract provision was to relieve defendant. On appeal, held, remanded. The cause of action asserted is a maritime tort; hence the substantive …
Constitutional Law-Commerce Clause-State Taxation Of Commerce, Allan Neef S.Ed.
Constitutional Law-Commerce Clause-State Taxation Of Commerce, Allan Neef S.Ed.
Michigan Law Review
Plaintiff, a Massachusetts manufacturing corporation operating on a mail order-f.o.b. delivery basis, maintained a branch office and warehouse in Chicago. While some over-the-counter sales were consummated in Chicago, this office acted mainly as a headquarters for an engineering staff maintained as a service to customers, and as a conduit for orders placed by Illinois customers with the company. Orders received at the branch office were forwarded to Massachusetts for acceptance or rejection, and some filled orders were shipped to customers by way of the local outlet as a means of reducing freight costs. Although the Chicago office did not solicit …
Federal Procedure-Venue-Waiver Of Title 28, United States Code, Section 1391(A), Under Nonresident Motorist Statutes, Nolan W. Carson S.Ed.
Federal Procedure-Venue-Waiver Of Title 28, United States Code, Section 1391(A), Under Nonresident Motorist Statutes, Nolan W. Carson S.Ed.
Michigan Law Review
A Connecticut resident brought a suit based on diversity of citizenship in a United States district court in Massachusetts against an Ohio corporation, alleging a cause of action arising from an automobile collision upon a Massachusetts highway. Plaintiff secured personal jurisdiction over the defendant by serving process upon the Registrar of Motor Vehicles for the Commonwealth of Massachusetts and by giving notice to defendant in accordance with the Massachusetts nonresident motorist statute. Upon defendant's motion, the action was dismissed for improper venue. Held, defendant is not a Massachusetts resident for purposes of federal venue as defined by Title 28, …