· 7/28/2005
Burlington Northern & Santa Fe Railway Co. v. Poole Chemical Co.
Citations
- 419 F.3d 355
- 35 Envtl. L. Rep. (Envtl. Law Inst.) 20159
- 60 ERC (BNA) 1993
- 2005 U.S. App. LEXIS 15474
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the \open courts\ provision does not create new rights, but rather protects the ability to pursue remedies \for such wrongs as are recognized by the law of the land\ (citation omitted)
- stating, section 9658 engrafts a discovery rule on state statutes of limitations, deferring accrual of a claim until plaintiff knew or, exercising reasonable diligence, should have known of the facts giving rise to the cause of action
- “the reach of the plain language of § 9658 does not extend to statutes of repose”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiener, Demoss, Prado
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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