|
|
Ex Parte Collett, 337 U.S. 55 (1949)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ex Parte Collett, 337 U.S. 55 (1949)
Ex Parte Collett No. 206, Misc. Argued February 7, 1949 Decided May 31, 1949 337 U.S. 55
MOTION FOR LEAVE TO FILE PETITION FOR WRITS
OF MANDAMUS AND PROHIBITION
Syllabus
Under 28 U.S.C. § 1404(a), incorporated in the revision of the Judicial Code effective September 1, 1948, the doctrine of forum non conveniens is made applicable to actions under the Federal Employers’ Liability Act. Pp. 56-72.
1. This conclusion is required by the clear and unambiguous language of § 1404(a), which applies generally to "any civil action." Pp. 58-59.
2. It involves no implied repeal of § 6 of the Federal Employers’ Liability Act, since that deals with the places where actions may be brought originally, whereas 28 U.S.C. § 1404(a) deals with the right to transfer an action properly brought. Pp. 59-61.
3. The legislative history of the revision of the Judicial Code requires the same conclusion. Pp. 61-71.
4. As thus construed, § 1404(a) is applicable to actions instituted before its effective date but not brought to trial prior to its effective date. P. 71.
Motion denied.
Under 28 U.S.C. § 1404(a), a Federal District Court in which an action under the Federal Employers’ Liability Act had been brought transferred it to a District Court in another District, on the ground that this would serve the convenience of parties and witnesses and be in the interest of justice. Petitioner moved in this Court for leave to file a petition for writs of mandamus and prohibition. The case was assigned for hearing on the notion. 335 U.S. 897. Motion denied, p. 72.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Collett, 337 U.S. 55 (1949) in 337 U.S. 55 337 U.S. 56. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=DXRHM1MJRWEBUEU.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Collett, 337 U.S. 55 (1949), in 337 U.S. 55, page 337 U.S. 56. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DXRHM1MJRWEBUEU.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Collett, 337 U.S. 55 (1949). cited in 1949, 337 U.S. 55, pp.337 U.S. 56. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=DXRHM1MJRWEBUEU.
|