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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.