United States Eighth Circuit

In a personal injury suit arising from plaintiff's operation of a railroad maintenance machine manufactured by a defendant, denial of defendant's motion to dismiss is reversed where a Nebraska district court must apply local choice-of-law rules to a case transferred pursuant to 28 U.S.C. section 1406(a) after a Virginia district court's determination that it did not have personal jurisdiction over the defendants. Applying the local choice-of-law rules, the suit was untimely.

Appellate Information

• Decided 07/25/2007
• Published 07/25/2007

Judges

• MELLOY, Circuit Judge., Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was David L. Kelleher of Washington, D.C.  Jason C. Tomasulo of D.C. appeared on the brief.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Jeffery R. Kirkpatrick of Lincoln NE.  John W. Drescher and Michael F. Imprevento of Norfolk, VA appeared on the brief.