· 9/28/2006
Lien Huynh v. Chase Manhattan Bank
Citations
- 465 F.3d 992
- 2006 U.S. App. LEXIS 24371
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the 2 Restatement (Second) of Conflict of Laws applied where jurisdiction based on U.S.C. § 632
- finding that federal 24 common law dictates that the law of the forum governs statute of limitations issues in federal 25 question cases
- explaining that the forum will apply its own state’s statute of limitations 14 barring exceptional circumstances and constitutional restrictions
- explaining that when federal jurisdiction is not based on diversity of citizenship, “federal common law choice-of-law rules apply”
- explaining that a complaint may be dismissed on statute of limitations grounds so long as the running of the limitation period is apparent on the face of the complaint
- noting plaintiffs did not allege any extraordinary circumstances 20 beyond their control that made filing timely “impossible”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, O'Scannlain, Jones
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.