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· 6/1/2012

Hexcel Corporation v. Ineos Polymers, Inc.

Citations

  • 681 F.3d 1055
  • 2012 WL 1959292
  • 2012 U.S. App. LEXIS 11071

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Hawaii’s “statute of limitations may be 22 tolled if the defendant fraudulently concealed the existence of a cause of action in such a way that the plaintiff, acting as a reasonable person, did not know of its existence.”
  • “[D]eclarations not based on personal knowledge are inadmissible and cannot raise a genuine issue of material fact.”
  • “[D]eclarations not based on personal knowledge are inadmissible and cannot raise a genuine issue of material fact.”
  • “Declarations 16 must be made with personal knowledge; declarations not based on personal knowledge are 17 inadmissible and cannot raise a genuine issue of material fact.”
  • “[The plaintiff] carries the burden of1 pleading and proving fraudulent concealment.”
  • “A statute of 24 limitations may be tolled if the defendant fraudulently concealed the existence of a cause 25 of action in such a way that the plaintiff, acting as a reasonable person, did not know of its 26 existence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Kleinfeld, Smith

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.