Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International

RILEY,

Judge concurring and dissenting.

[17] I concur with the majority’s determination that 49 U.S.C. § 14705(a) preempts the statute of limitations set forth in Indiana Code section 34-11-2-11; therefore, Emmert failed to bring its action against Kennedy in a timely maimer. However, I must dissent with respect to the majority’s resolution of Emmert’s es-toppel claim.

[18] On appeal, Emmert insists that even if the eighteen-month federal statute of limitations applies — as this court holds that it does, its claim should not have been dismissed because Kennedy should be estopped from asserting…