Legal Opinion
Payne Ex Rel. Estate of Calzada v. Brake
Court of Appeals for the Fourth Circuit
Decided March 1, 2006No. 04-2348, 04-2424, 04-2356, 04-2357PublishedCited by 147 opinions
1Opinion of the Court
Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.
TRAXLER, Circuit Judge.
The district court dismissed this wrongful death action on statute of limitations grounds, but dismissed it “without prejudice,” in light of a recent decision from the Virginia Supreme Court that effectively revived the limitations period. The defendants appeal, claiming the dismissal should have been with prejudice. The plaintiff cross-appeals, arguing that the district court lacked subject matter jurisdiction due to a flaw in the removal from state court and…
2Cases cited12 opinions
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- Consolidated Masonry & Fireproofing, Inc. v. Wagman Construction CorporationCourt of Appeals for the Fourth Circuit · 1967
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- Ballard v. CarlsonCourt of Appeals for the Fourth Circuit · 1989
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3Cited by147 opinions
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- Palisades Collections LLC v. ShortsCourt of Appeals for the Fourth Circuit · 2009
- Barbour v. International UnionCourt of Appeals for the Fourth Circuit · 2011
- Vick v. WongDistrict Court, E.D. Virginia · 2009
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