Gulf Oil Corp. v. Gilbert
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Autin v. Daniel Bruce Marine, Inc. separately chose Texas procedural law for a Jones Act suit in state court; that choice does not affect the federal doctrine. The remaining opinions applied Gulf Oil positively, repeated the statutory history, or placed the nearby adverse language on other authorities, motions, and dispositions. Duplicate copies of the same opinion do not create duplicate treatments.
5,292 later cases cite Gulf Oil Corp. v. Gilbert; 94 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Gulf Oil Corp. v. Gilbert?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Superseded by Statute
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The Supreme Court held that 28 U.S.C. § 1404(a) superseded Gulf Oil's use of forum-non-conveniens dismissal when the case could instead be transferred between federal district courts, leaving the federal dismissal doctrine for cases in which the alternative forum is abroad.
American Dredging Co. v. Miller · Supreme Court of the United States · filed
Gilbert held that it was permissible to dismiss an action brought in a District Court in New York by a Virginia plaintiff against a defendant doing business in Virginia for a fire that occurred in Virginia. Such a dismissal would be improper today because of the federal venue transfer statute, 28 U. S. C. § 1404(a).
Read the full opinion on CourtListener →
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