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Federal Civil Procedure--Right To Trial By Jury--State Law Controlling In Characterization Of Issues As Legal Or Equitable, Donald E. Vacin S.Ed.
Federal Civil Procedure--Right To Trial By Jury--State Law Controlling In Characterization Of Issues As Legal Or Equitable, Donald E. Vacin S.Ed.
Michigan Law Review
An action for declaratory relief was brought in a federal district court to determine the validity of a contingent fee contract and the reasonableness of attorney's fees in a will contest case. Plaintiff's motion for summary judgment was sustained. On appeal, the court of appeals reversed and remanded with instructions to grant defendant's motion for jury trial, in accordance with Oklahoma practice, on the question whether the contingent fee contract was fair and free from fraud. The Supreme Court granted certiorari, vacated the judgment, and remanded the case for reconsideration in the light of a recent state decision. On reconsideration …
Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed.
Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed.
Michigan Law Review
In 1956 plaintiff corporation brought a private antitrust action against various persons and corporations in a federal district court in Pennsylvania. Service was made upon defendant corporations by means of alias summonses in New York where they were amenable to suit. Since defendant corporations were not inhabitants of, "found," or transacting business in Pennsylvania, venue was improper there and the extraterritorial service of- process provision of the Clayton Act was not available to plaintiff. Defendant corporations moved to dismiss for lack of in personam jurisdiction. Instead, however, the court, invoking section 1406(a) of the Judicial Code, transferred the action in …
Civil Aeronautics Act-Discrimination-Private Cause Of Action For Punitive Damages, L. B. Hirsch
Civil Aeronautics Act-Discrimination-Private Cause Of Action For Punitive Damages, L. B. Hirsch
Michigan Law Review
Plaintiff held a reconfirmed tourist reservation on one of defendant's St. Louis-to-Los Angeles flights. Defendant oversold the flight and subsequently "bumped" the plaintiff from the flight in favor of a first-class passenger who was given plaintiff's accommodations in the tourist section. Defendant's agent booked a reservation for the plaintiff aboard another airline and provided plaintiff with lunch. The only expense incurred by the plaintiff as a result of being removed from defendant's flight was the cost of a telephone call to inform his wife of his new arrival time; and plaintiff was inconvenienced by a delay of four hours on …