Case Citator › Gulf Oil Corp. v. Gilbert

Gulf Oil Corp. v. Gilbert

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Supreme Court of the United States
Citation
330 U.S. 501
Decided
Confirmed treatments
1
Flagged citations read
94 of 94
Citing cases (total)
5,292
Treatment dates
1994

Status

Superseded by statute
A reviewed court treats this case as superseded by later legislation. Gulf Oil Corp. v. Gilbert has been fully reviewed: all 94 flagged citations have been read, with the confirmed federal-law treatment listed below. Congress displaced Gulf Oil's common-law dismissal mechanism when another federal district is the alternative forum, but its forum-non-conveniens doctrine and public- and private-interest factors remain in use when dismissal rather than inter-district transfer is at issue.
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.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

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?

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Treatments

Superseded by Statute

  • The Supreme Court held that 28 U.S.C. § 1404(a) superseded Gulf Oil's use of forum-non-conveniens dismissal when the case could instead be transferred between federal district courts, leaving the federal dismissal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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