Pacific Intermountain Express Co. v. Hawaii Plastics Corp., 75--1445

Citation528 F.2d 911
Decision Date08 December 1975
Docket NumberNo. 75--1445,75--1445
PartiesPACIFIC INTERMOUNTAIN EXPRESS CO., Appellant, v. HAWAII PLASTICS CORPORATION et al. . Submitted under Third Circuit Rule 12(6)
CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
OPINION OF THE COURT

Before SEITZ, Chief Judge, GIBBONS and ROSENN, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the district court dismissing plaintiff's complaint.

Plaintiff's complaint sought, inter alia, a declaratory judgment that it was not liable to any of the defendants for any damages claimed by certain of the defendants in an action brought by such defendants in the district court for the District of Hawaii. Thereafter, most of the defendants in this action filed pleadings raising the defense of lack of jurisdiction over the person and the subject matter. Certain defendants also raised lack of proper venue as a defense to the action.

The district court did not address the jurisdictional or venue issues. Rather, it dismissed the complaint solely in an exercise of the discretion permitted it under the declaratory judgment statute.

It is clear to us that a district court is not permitted to dispose of a case against a party on non-jurisdictional grounds until it first determines that it has jurisdiction over such party. Generally, at least, any non-jurisdictional conclusion which is premised on an erroneous exercise of jurisdiction would constitute mere dicta. The matter must therefore be remanded to first determine the jurisdictional issues.

We note that venue objections have also been raised. We think the district court, depending on its jurisdictional rulings, should also rule on the venue question before reaching any issue of the exercise of its discretion. Such rulings, like its jurisdictional rulings, may well be relevant to any exercise of discretion here.

The judgment of the district court will be vacated and the matter remanded for further proceedings consistent with...

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13 cases
  • Fuchilla v. Prockop, Civ. A. No. 85-0693.
    • United States
    • U.S. District Court — District of New Jersey
    • 13 Octubre 1987
    ...until it first determines it has jurisdiction over the subject matter and the parties in a case. Pacific Intermountain Express Co. v. Hawaii Plastics Corp., 528 F.2d 911, 912 (3d Cir.1976). I must therefore consider the defendant's eleventh amendment argument The eleventh amendment provides......
  • Blessing v. United States
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 19 Abril 1978
    ...that jurisdictional issues must be resolved before other questions may properly be considered. Pacific Intermountain Express Co. v. Hawaii Plastics Corp., 528 F.2d 911, 912 (3d Cir. 1976). Therefore, we first must analyze the application of the discretionary function exception to these case......
  • Chambers v. Klein
    • United States
    • U.S. District Court — District of New Jersey
    • 25 Agosto 1976
    ...grounds until it first determines that it has jurisdiction over such party. . . ." Pacific Intermountain Express Co. v. Hawaii Plastics Corp., 528 F.2d 911, 912 (3d Cir. 1976). However, that Court has also indicated that, on an application for a preliminary injunction, the trial judge shoul......
  • In re Padilla
    • United States
    • United States Bankruptcy Courts. Third Circuit. U.S. Bankruptcy Court — Eastern District of Pennsylvania
    • 30 Junio 2008
    ...In re Orthopedic "Bone Screw" Products Liability Litigation, 132 F.3d 152, 155-56 (3d Cir. 1997); Pacific Intermountain Express Co. v. Hawaii Plastics Corp., 528 F.2d 911, 912 (3d Cir. 1976). 68. See generally Greater New Orleans Broadcasting Ass'n, Inc. v. U.S., 527 U.S. 173, 184, 119 S.Ct......
  • Request a trial to view additional results

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