MARTORANO

v.

UNITED STATES

Citator

Cited By (35 total)

• In re the Complaint of William McLINN v. The F/V Fjord, 739 F.2d 1395 (9th Cir. 1984)
  …e the issue and, in this regard, special weight was to be given to determination of district court judge who was familiar with local law. — Green v. Amerada-Hess Corp., 612 F. 2d 212, rehearing denied 614 F. 2d 1298, certiorari denied 101 S.Ct. 356, 449 U.S. 952, 66 L.Ed.2d 216. C.A.Miss. 1978. When state decisional law affords no guidance, interpretation of district judge, who was well versed in intricacies and trends of local law, is entitled to [*1409] great deference. — Black v. Fidelity & Guaranty Ins…
• Jackson v. Johns-Manville Sales Corp. & Raybestos-Manhattan, Inc., 781 F.2d 394 (5th Cir. 1986)
  …o., 749 F. 2d 255, 260 (5th Cir.1985). Even “[i]n the absence of controlling precedent, we must ... decide ... issue[s] as we believe a Mississippi court would decide [them].” Green v. Amerada-Hess Corp., 612 F. 2d 212, 214 (5th Cir.), cert. denied, 449 U.S. 952, 101 S.Ct. 356, 66 L.Ed.2d 216 (1980). As a federal court, “it is not for us to adopt innovative theories of [state law], but simply to apply that law as it currently exists,” Galindo v. Precision American Corp., 754 F. 2d 1212, 1217 (5th Cir.1985)…
• Smith v. Atlas Off-Shore Boat Serv., Inc., 653 F.2d 1057 (5th Cir. 1981)
  …, Webber, Jackson & Curtis, Inc., 623 F. 2d 1244 (8th Cir. 1980), as well as termination due to the employee’s filing of a workman’s compensation claim,4 Green v. Amerada-Hess Corp., 612 F. 2d 212 (5th Cir.) (applying Mississippi law), cert. denied, 449 U.S. 952, 101 S.Ct. 356, 66 L.Ed.2d 216 (1980). This employer latitude is said to be reinforced by the principle of mutuality of obligations: “if the employee is free to quit at any time, then the employer must be free to dismiss at any time.” Summers, supr…