At page 67 Determining applicable law in conflict of laws cases31 citing casestransferee appellate court has jurisdiction to review transfer order once party moves to retransfer in transferee district court
- Myra Corley v. Long-Lewis, Inc., 965 F.3d 1222 (11th Cir. 2020).publishedSee Posnanski v. Gibney, 421 F.3d 977, 980 (9th Cir. 2005); United States v. Copley, 25 F.3d 660, 662 (8th Cir. 1994); Lewelling v. Farmers Ins. of Columbus, Inc., 879 F.2d 212, 218 (6th Cir. 1989); McGeorge, 871 F.2d at 953–54; Reyes v. S…
- Charles Posnanski v. William Gibney Gibney & Assocs. Xl Specialty Ins. Co., Charles Posnanski v. William Gibney Gibney & Assocs., & Xl Specialty Ins. Co., Charles Posnanski v. William Gibney Gibney & Assocs., & Xl Specialty Ins. Co., 421 F.3d 977 (9th Cir. 2005).published(Under the prevailing view among the circuits, [plaintiffs] should have moved for retransfer of their action in the Eastern District of Virginia, the transferee district court, in order to vest us with jurisdiction to p…)
- Posnanski v. Gibney, 421 F.3d 977 (9th Cir. 2005).published(Under the prevailing view among the circuits, [plaintiffs] should have moved for retransfer of their action in the Eastern District of Virginia, the transferee district court, in order to vest us with jurisdiction to p…)
- Bradley Murray v. Ray W. Scott, Jr., 253 F.3d 1308 (11th Cir. 2001).published See also Moses v. Business Card Express, Inc., 929 F.2d 1131, 1136 (6th Cir. 1991); Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir. 1980).
- St. Jude Med., Inc. v. Lifecare Int'l, Inc., 250 F.3d 587 (8th Cir. 2001).published In re Nine Mile Limited, 673 F.2d 242, 244 (8th Cir. 1982) (If case is transferred, the transferee court may review the propriety of transfer if a motion for retransfer is filed; otherwise jurisdiction is lacking); Deborah Linnell v. Angel…
- Hill, Robert E. v. Henderson, William J, 195 F.3d 671 (D.C. Cir. 1999).published See, e.g., Roofing & Sheet Metal Serv. v. La Quinta Motor Inns, 689 F.2d 982, 986-87 (11th Cir.1982); Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980).
- In re: Levy v., No. 98-1827 (4th Cir. Feb. 17, 1999).unpublishedLinnell v. Sloan, 636 F.2d 65, 67 (4th Cir. 1980); see In re Nine Mile Ltd., 673 F.2d 242, 244 (8th Cir. 1982).
- Harding v. Williams Prop. Co, No. 96-2713 (4th Cir. Aug. 31, 1998).unpublishedE.g., Brock v. Entre Computer Centers, Inc., 933 F.2d 1253, 1257 (4th Cir. 1991); Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir. 1980).
- L. Virginia Ventre v. Roger W. Johnson, 39 F.3d 1179 (4th Cir. 1994).unpublishedSee, e.g., Brock v. Entre Computer Centers, Inc., 933 F.2d 1253, 1257 (4th Cir.1991); Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980); Preston Corp. v. Raese, 335 F.2d 827, 828 (4th Cir.1964). 3 Ventre also contends that Sec. 102 of the C…
- Brock v. Entre Comput. Centers, Inc., 933 F.2d 1253 (4th Cir. 1991).published Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980).
Show 16 more citing cases
- Chrysler Credit Corp., a Delaware Corp. v. Country Chrysler, Inc., an Oklahoma Corp. Max Pepper Muriel S. Pepper Cindy Joan Pepper Guterman, & Third-Party v. Chrysler Corp., Third-Party, 928 F.2d 1509 (3d Cir. 1991).published(transferee appellate court has jurisdiction to review transfer order once party moves for retransfer in transferee district court)
- Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509 (10th Cir. 1991).published(transferee appellate court has jurisdiction to review transfer order once party moves for retransfer in transferee district court)
- Wells v. Entre Comput. Centers, Inc., 915 F.2d 1566 (4th Cir. 1990).unpublishedLinnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980).
- Nat'l-Stand. Co. v. Adamkus, 881 F.2d 352 (7th Cir. 1989).published See Purex, 374 F.2d at 1000; Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980); see generally 15 C.
- Diane McGeorge v. Cont'l Airlines, Inc., 871 F.2d 952 (10th Cir. 1989).publishedPartnership and Bardot Plastics, Inc. v. Nosco Plastics, Inc., 719 F.2d 400, 401 (Fed.Cir.1983); Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980); General Elec.
- S. Distrib. Co. v. E. & J. Gallo Winery, 718 F. Supp. 1264 (W.D.N.C. 1989).publishedSimilarly, the Ninth Circuit Court of Appeals does not have jurisdiction to review the October 3, 1988, transfer order. 28 U.S.C. § 1294 (1982); Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980); Starnes, 512 F.2d at 924 .
- Felch v. Air Florida, Inc., 562 F. Supp. 383 (D.D.C. 1983).publishedLinnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980) (applying District of Columbia choice of law rules); Miller v. Holiday Inns, Inc., 436 F.Supp. 460, 462 (E.D.Va.1977); Card v. American Brands Corp., 401 F.Supp. 1186, 1188 (S.D.N.Y. 1975);…
- Brinkley v. Pitzer, No. 00-6369 (4th Cir. Aug. 9, 2000).unpublishedSee Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir. 1980).
- McCotter v. Scott, No. 98-6751 (4th Cir. Nov. 30, 1998).unpublishedSee Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir. 1980); Preston Corp. v. Raese, 335 F.2d 827, 828 (4th Cir. 1964).
- Rfe Indus., Inc. v. Spm Corp., 105 F.3d 923 (4th Cir. 1997).published(stating applicable standard of review)
- RFE Indus. Inc v. SPM Corp., No. 95-2665 (4th Cir. Jan. 29, 1997).published(stating applicable standard of review)
- United States v. Craig O. Copley, 25 F.3d 660 (8th Cir. 1994).publishedSee Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980).
- McCullough v. McPherson, 21 F.3d 423 (4th Cir. 1994).publishedSee Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980).
- Petersen v. Douglas Cnty. Bank & Trust Co., 940 F.2d 1389 (10th Cir. 1991).published (transferee appellate court has jurisdiction to review transfer order once party moves to retransfer in transferee district court)
- Michael R. Wiggs v. Sec'y of the Army, 902 F.2d 1567 (4th Cir. 1990).unpublishedSee Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980) 3 We note that there is at least one other district court case which ruled that venue under the "relevant employment records" provision was governed by the location of a federal employee…
- Stutsman v. Kaiser Found. Health Plan of Mid-Atl. States, Inc., 546 A.2d 367 (D.C. 1988).publishedSee also Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir.1980) (using District of Columbia choice of law rules and applying the law of marital domicile to loss of consortium action).
At page 66 Applying governmental interest analysis in conflict of laws6 citing casesstating that the District of Columbia applies a governmental interest analysis when there is a conflict of laws
- Parnigoni v. St. Columba's Nursery Sch., 681 F. Supp. 2d 1 (D.D.C. 2010).published (stating that the District of Columbia applies a governmental interest analysis when there is a conflict of laws)
- Betty S. Grayson v. Bouligny Co., 865 F.2d 255 (4th Cir. 1988).unpublishedLinnell v. Sloan, 636 F.2d 65, 66 (4th Cir.1980). 6 In tort actions, South Carolina adheres to the traditional choice-of-law rule that the substantive rights and obligations of the parties are governed by the law of the state where the all…
- LaVay Corp. v. Dominion Fed. Sav. & Loan Ass'n, 645 F. Supp. 612 (E.D. Va. 1986).published(choice of law rules of original forum apply when case transferred under 28 U.S.C. § 1404 (a))
- Cárdenas v. Muangman, 998 A.2d 303 (D.C. 2010).publishedSee Linnell v. Sloan, 636 F.2d 65, 66-67 (4th Cir.1980) (applying District of Columbia governmental interest analysis and holding that a D.C. court would apply the law of Maryland, the state with the “stronger interest in the welfare of it…
- Cohen v. McDonnell Douglas Corp., 450 N.E.2d 581 (Mass. 1983).publishedSee Linnell v. Sloan, 636 F.2d 65, 66-67 (4th Cir. 1980); Card v. American Brands Corp., 401 F. Supp. 1186, 1188 (S.D.
Other citing cases
- Roofing & Sheet Metal Servs., Inc. v. La Quinta Motor Inns, Inc., 689 F.2d 982 (11th Cir. 1982).published
v.
Angelyn Alexander SLOAN, Appellee
This appeal concerns the proper choice-of-law rules to be applied when the venue of a civil action is transferred pursuant to 28 U.S.C. § 1404(a) (1976), the federal forum non conveniens statute. Deborah and George Linnell, Maryland residents, originally brought this diversity action, arising out of an automobile accident, in the United States District Court for the District of Columbia, the defendant’s domicile. Pursuant to § 1404(a), that court transferred the action to the United States District Court for the Eastern District of Virginia. The district court in Virginia ruled that Virginia law would apply, and, applying Virginia law, dismissed two of the Linnells’ claims. The Linnells appeal, asserting that the district court should have applied the choice-of-law rules of the District of Columbia, the original forum, and tried the case under Maryland law. We agree. We reverse the judgment and remand the case for a new trial.
I.
On November 6,1976, an automobile driven by Angelyn Sloan struck the rear end of the Linnells’ automobile at an intersection in Fairfax County, Virginia, damaging the car and injuring Deborah Linnnell. On November 5, 1978, the Linnells sued Ms. Sloan in the United States District Court for the District of Columbia under its diversity jurisdiction to recover for loss of Deborah Linnell’s past, present and future wages, her personal injuries, including past and future pain and mental anguish, damage to the automobile, George Linnell’s loss of wages while he cared for his wife, and loss of consortium on the part of both plaintiffs. Pursuant to 28 U.S.C. § 1404(a), Ms. Sloan moved to transfer the action to the Eastern District of Virginia. The District of Columbia court agreed that the Eastern District of Virginia represented the more convenient forum for the parties and witnesses, and transferred the action on March 30, 1979. Ms. Sloan then moved for an extension of time to file her answer to the complaint, but the district court for the Eastern District of Virginia denied an extension and entered a default judgment on liability in favor of the Linnells on June 22, 1979.
A jury trial, limited to issues of damages, was held on September 10, 1979. Before trial the district judge ruled that the law of Virginia would apply to the case. He summarily dismissed George Linnell’s claim for loss of consortium, and after hearing the evidence he also dismissed Deborah Linnell’s claim of loss of future earnings as too speculative. The jury found that Deborah Linnell had suffered no damages arising from the remainder of her claims. Judgment on the question of damages was entered for Ms. Sloan.
II.
On the issue of damages, the district court applied the law of Virginia to the case. Ms. Sloan contends that the Linnells did not adequately object to this ruling of the court, but we think that the record reflects otherwise.
The accident occurred in Virginia, and under traditional conflict principles, the governing law of the case would be the lex loci delicti, the law of the place of the wrong. The Linnells originally brought this action, however, in the District of Columbia. The District of Columbia has abandoned traditional conflict of laws analysis in favor of “governmental interest analysis.” Williams v. Williams, 390 A.2d 4, 5 (D.C.1978); Mazza v. Mazza, 475 F.2d 385, 388 (D.C. Cir. 1973); Blair v. Prudential Insurance Co., 472 F.2d 1356, 1359 (D.C. Cir. 1972). Even though the action was transferred to the Eastern District of Virginia, it is settled that the choice-of-law rules of the original forum continue to apply. Van Dusen v. Barrack, 376 U.S. 612, 84 S.Ct. 805, 11 L.Ed.2d 945 (1964); Kline v. Wheels by [*67] Kinney, Inc., 464 F.2d 184 (4 Cir. 1972). The district court should therefore have applied the law a District of Columbia court would have applied to the case.
Under governmental interest' analysis, Virginia has very little interest in the case, except insofar as it would wish to see Ms. Sloan punished for her negligent conduct on its highways. The District of Columbia has an interest in protecting its resident, Ms. Sloan, from extensive liability. Maryland has a strong interest in seeing that its injured residents, the Linnells, are compensated for wrongs done to them, no matter where.
Before trial, the district court dismissed George Linnell’s claim for loss of consortium. Under District of Columbia law, he clearly could maintain the claim. See Hitaffer v. Argonne Co., 183 F.2d 811 (D.C. Cir.), cert. denied, 340 U.S. 852, 71 S.Ct. 80, 95 L.Ed. 624 (1950). Under Maryland law, the Linnells could maintain a joint cause of action for their mutual loss of consortium. Deems v. Western Maryland Railway Co., 247 Md. 95, 231 A.2d 514 (1967). Using governmental interest analysis, the District of Columbia would apply Maryland law. The conflict of laws, if any, is weak. Maryland has the stronger interest in the welfare of its married residents, and no District of Columbia interest would be served in keeping the claims independent instead of joint. There was therefore error in the district court’s refusal to submit the Linnells’ joint claim for loss of consortium to the jury because disposition of the issue is governed by Maryland law.
The district court also dismissed Deborah Linnell’s claim for loss of prospective earnings. She was asserting that part of her loss resulted from the delay in her eventual employment as a police officer, but the district court ruled that this loss of future earnings was too speculative to permit recovery. Maryland, however, permits recovery for loss of potential earnings. Ihrie v. Anthony, 205 Md. 296, 107 A.2d 104, 107-08 (1954). The District of Columbia is in accord. McDermott v. Severe, 25 App.D.C. 276, 290 (1905), aff’d 202 U.S. 600, 26 S.Ct. 709, 50 L.Ed. 1162 (1906). Ihrie and McDermott reflect the permissiveness of Maryland and the District of Columbia in allowing the jury to decide questions of loss of potential earnings. No conflict exists between the laws of the two jurisdictions. It follows, we think, that there was also reversible error in the district court’s refusal to submit this issue to the jury under Maryland and District of Columbia law.
III.
Finally, the Linnells contend that the original transfer of venue from the District of Columbia to the Eastern District of Virginia represented an abuse of the district court’s discretion. They seek to have us remand the case to the District of Columbia. We lack jurisdiction to decide this point. Preston Corp. v. Raese, 335 F.2d 827 (4 Cir. 1964). Under the prevailing view among the circuits, the Linnells should have moved for retransfer of their action in the Eastern District of Virginia, the transferee district court, in order to vest us with jurisdiction to pass on their contention. Purex Corp. v. St. Louis National Stockyards Co., 374 F.2d 998, 1000 (7 Cir. 1967); see 15 C. Wright, A. Miller, E. Cooper, Federal Practice and Procedure § 3846 at 230 (1976).
In summary, the district court erred in applying the law of Virginia to this case. Under the choice-of-law rules of the District of Columbia, the original forum of the action, Maryland law should have governed the claims dismissed by the district court, loss of consortium and loss of potential earnings. In light of these conclusions we need not consider the Linnells’ other arguments. We reverse the judgment and remand the case for retrial with instructions to submit these two claims to the jury.
REVERSED AND REMANDED.