holding that defendant waived his objection to service of process by not stating it with particularity in his motion challenging venue under the Jones Act, 46 U.S.C. § 688
How later courts described this case
- holding that defendant waived his objection to service of process by not stating it with particularity in his motion challenging venue under the Jones Act, 46 U.S.C. § 688
- holding that Jones Act employer had a responsibility to inspect a third party's vessel "to take precautions in order to provide its employees with a safe working place"
- holding that merely mentioning in a brief that the district court erred, absent any specific argument as to how the court erred, waives the issue on appeal
- claimant assisted in welding cracks on vessel, worked with the crew in washing the deck, and helped load and unload the barge alongside the crew
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Charles D. Gautreaux v. Scurlock Marine, Inc., 107 F.3d 331 (1997)
549 F.2d 314, 329 (5th Cir. 1977), overruled on other grounds by Gautreaux, 107 F.3d at 339
Overruled on other grounds by Ruth Culver, Cross-Appellees v. Slater Boat Co., Cross Europirates International, Inc., and Cross- Appellees-Appellants v. Odeco Drilling, Cross, 688 F.2d 280 (1982)
549 F.2d 314, 323-24 (5th Cir.1977), overruled on other grounds, Culver v. Slater Boat Co., 688 F.2d 280, 288 & 310 (5th Cir.1982),
The opinion
INGRAHAM, Circuit Judge,
concurring specially.
I concur in Judge Wisdom’s opinion despite initial reservations about venue as to Hill. Energy Resources Group, Inc. v. Energy Resources Corp., 297 F.Supp. 232 (S.D. Tex.1969), an opinion authored by me, illustrates the problems encountered in large multi-district states. The State of Texas, whose statute of incorporation is the basis for venue in this suit, has recognized these difficulties and has enacted a complex set of rules governing venue. However, I agree that § 1404(a) may be utilized to alleviate such problems in the federal courts.