Legal Opinion
Ellis v. Great Southwestern Corp.
Court of Appeals for the Fifth Circuit
Decided June 5, 1981No. 80-1920PublishedCited by 84 opinions
1Opinion of the Court
RANDALL, Circuit Judge:
In this diversity tort suit, the court below held that the plaintiff’s claim was barred by the applicable statute of limitations. Although the ultimate application of the appropriate statute of limitations is a comparatively simple business, the intermediate inquiry of which state’s statute of limitations should be applied leads us on a merry chase through the murky area in which the Erie doctrine and the federal change of venue *1101statutes intersect. For the reasons set forth below, we reverse and remand.
I. FACTUAL BACKGROUND LEADING TO THIS APPEAL
On July 29, 1976, Ida B.…
2Cases cited46 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
41 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Tel-Phonic Services, Inc., William Kirk, and John Bowen v. Tbs International, Inc. A/K/A Dy-Con, International, Inc. And the Dispatch Printing CompanyCourt of Appeals for the Fifth Circuit · 1992
- John Lewis Washington v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- Roofing & Sheet Metal Services, Inc. v. La Quinta Motor Inns, Inc.Court of Appeals for the Eleventh Circuit · 1982
- Lafferty v. St. RielCourt of Appeals for the Third Circuit · 2007
- Robert C. McFarlane v. Esquire MagazineCourt of Appeals for the D.C. Circuit · 1996
79 more not listed; retrieve them via the Exa API.