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Nikitjuks v. Stolt-Nielsen, S.A.

United States District Court, E.D. Pennsylvania
Oct 28, 2010
CIVIL ACTION NO. 09-3901 (E.D. Pa. Oct. 28, 2010)

Summary

concluding that "it would be inappropriate for the Court to engage in a Lauritzen-Rhoditis analysis at this time," reasoning that "the Lauritzen-Rhoditis framework requires a fact-intensive analysis, discovery is necessary before a determination can be made as to whether this Jones Act claim should be dismissed"

Summary of this case from Unterberg v. Exxon Mobil Corp.

Opinion

CIVIL ACTION NO. 09-3901.

October 28, 2010


ORDER


AND NOW, this 28th day of October, 2010, upon consideration of Plaintiff's Motion to Remand (ECF No. 8), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that this case is REMANDED to the Court of Common Pleas Philadelphia County. The Clerk is directed to mark this case CLOSED.

IT IS SO ORDERED.


Summaries of

Nikitjuks v. Stolt-Nielsen, S.A.

United States District Court, E.D. Pennsylvania
Oct 28, 2010
CIVIL ACTION NO. 09-3901 (E.D. Pa. Oct. 28, 2010)

concluding that "it would be inappropriate for the Court to engage in a Lauritzen-Rhoditis analysis at this time," reasoning that "the Lauritzen-Rhoditis framework requires a fact-intensive analysis, discovery is necessary before a determination can be made as to whether this Jones Act claim should be dismissed"

Summary of this case from Unterberg v. Exxon Mobil Corp.
Case details for

Nikitjuks v. Stolt-Nielsen, S.A.

Case Details

Full title:ANDREJS NIKITJUKS v. STOLT-NIELSEN, S.A. ET AL

Court:United States District Court, E.D. Pennsylvania

Date published: Oct 28, 2010

Citations

CIVIL ACTION NO. 09-3901 (E.D. Pa. Oct. 28, 2010)

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Unterberg v. Exxon Mobil Corp.

398 U.S. at 309 n.4. And so, even if this is ultimately a question of law, it would be particularly…