· 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 CourtListenerSourced 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.