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13 Jan 2018, 8:00 pm
Crown Cork & Seal Co., Inc. (2010) 187 Cal.App.4th 1220, 1239 ["Negligence and strict products liability are separate and distinct bases for liability that do not automatically collapse into each other because the plaintiff might allege both when a product warning contributes to her injury"].)We likewise discount decisions from those jurisdictions that differ from California by categorically excluding from liability certain defendants (see, e.g., Huck v. [read post]
9 Nov 2017, 6:31 am
PUBLIC POLICY, WELLS FARGO'S WAY Don't like a law - Make the customer waive it in the fine print.Two out of three justices on a panel of the Fourteenth Court of Appeals in Houston find no problem with blanket waiver of the statute of limitations defense along with all others (except payment) in a guaranty agreement. [read post]
9 Nov 2017, 6:31 am
PUBLIC POLICY, WELLS FARGO'S WAY Two out of three justices on a panel of the Fourteenth Court of Appeals in Houston find no problem with blanket waiver of the statute of limitations defense along with all others (except payment) in a guaranty agreement. [read post]
28 Jun 2017, 8:00 am
We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times (here, here, here, and here), most recently following the Ninth Circuit’s Resh decision last month (here and here). [read post]
25 May 2017, 8:28 am
It was undisputed on appeal that the earlier class actions were timely and that American Pipe and Crown, Cork & Seal tolled the statute of limitations for the individual claims of would-be class members. [read post]
27 Sep 2016, 9:16 am
Quoting Crown, Cork & Seal (U.S. 1983), they note that the limitations period is intended to put defendants on notice of adverse claims and prevent plaintiffs from sleeping on their rights—ends that are met when a class action is commenced. [read post]
30 Dec 2014, 11:25 am
Crown Cork & Seal Co., et al., No. 2755 EDA 2013 (Pa. [read post]
16 Jun 2014, 11:02 am
Applying these principles and those of the Supreme Court’s opinions in American Pipe and Crown, Cork & Seal, the court found that after the forum non conveniens dismissal of the Texas action in 1995, plaintiffs’ reliance on the Texas action to protect their rights would have been “objectively unreasonable. [read post]
30 May 2014, 3:28 pm
In Crown, Cork & Seal, the Supreme Court further explained that once the statute of limitations has been tolled, it remains tolled for all members of the putative class until class certification is denied. [read post]
3 Apr 2014, 6:46 am
Under the Supreme Court’s rulings in American Pipe & Construction Co. v Utah and Crown, Cork & Seal Co. v Parker, the filing of a class action tolls the statute of limitations for all asserted members of the class, explained the Fifth Circuit. [read post]
7 Jan 2014, 9:56 am
Crown Cork & Seal Canada Inc. [2] In Girling, the Court of Appeal had expressly rejected the argument that retirement benefits must be deducted from an award of damages. [read post]
30 May 2013, 8:48 pm
See Crown, Cork & Seal Co. v. [read post]
27 Apr 2012, 11:14 am
But the packaging industry (Georgia-Pacific, Crown Cork & Seal) is making a strong showing so don’t count them out. [read post]
27 Apr 2012, 11:14 am
But the packaging industry (Georgia-Pacific, Crown Cork & Seal) is making a strong showing so don’t count them out. [read post]
16 Feb 2012, 5:01 pm
But there was no Swiss company “Crown Cork & Seal CO” registered at the address indicated in the notice of appeal, which was the correct address of the “Crown Cork AG” company. [read post]
11 Feb 2012, 3:45 pm
., Crown Cork & Seal Company Inc., Georgia-Pacific Corp., and Crane Co. as the personal representative of his death beneficiaries. [read post]
4 Jan 2012, 2:41 am
Crown Cork & Seal Co. [read post]
4 Jan 2012, 1:59 am
Crown Cork & Seal Co. [read post]
2 Dec 2011, 9:25 am
One company who would benefit from such legislation would be Pennsylvania-based Crown Cork and Seal. [read post]
10 Nov 2011, 8:11 am
Crown Cork & Seal Co., Inc., Individually and as Successor to Mundet Cork Corporation, Respondent. [read post]
