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· 7/8/2003

Raie v. Cheminova, Inc.

Citations

  • 336 F.3d 1278
  • 2003 U.S. App. LEXIS 13691
  • 2003 WL 21525295

How courts have described this case

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

  • “concluding that Heamdon was an exceedingly narrow decision that does not justify similar extensions of the delayed discovery rule to instances beyond those for which the Florida Legislature provided by statute.”
  • noting that “[t]he accrual date for a wrongful death action [in Florida] is the date of death,” and explaining “that a products liability case simply is not similar to a wrongful death case under Florida law”
  • noting the “delayed discovery rule was codified by the Florida legislature in 1999” and is limited to claims for “fraud, products liability, professional and medical malpractice, and intentional torts based on abuse”
  • \It is not enough for Appellants to rely on only that ambiguous class definition to support their argument for tolling under American Pipe; they must demonstrate that their wrongful death action was included in the Seabury class action.\
  • “It is not enough for Appellants to rely on only that ambiguous class definition to support their argument for tolling under Ameri can Pipe; they must demonstrate that their wrongful death action was included in the Seabury class action.”
  • appellants’ wrongful death claim is different in kind from the class's products liability

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Black, Hull

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.