Legal Opinion
Avila v. Willits Environmental Remediation Trust
Court of Appeals for the Ninth Circuit
Decided January 27, 2011No. 09-16455, 09-16457, 09-16459, 09-17852PublishedCited by 299 opinions
1Opinion of the Court
Opinion by Judge RYMER; Section VLB. by Judge N.R. SMITH; Dissent by Judge RYMER.
OPINION
RYMER, Circuit Judge:
These are consolidated appeals from dismissal of toxic tort actions against Whitman Corporation. The district court dismissed a number of plaintiffs on statute of limitations grounds; others for failure to comply with case management orders; some when their expert’s opinion was excluded; and those who brought claims for preconception injury and for intentional infliction of emotional distress on the footing that those claims would not be recognized under California law. The court also…
2Cases cited17 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Acuna v. Brown & Root Inc.Court of Appeals for the Fifth Circuit · 2000
- Potter v. Firestone Tire & Rubber Co.California Supreme Court · 1993
- Ralston v. Smith & Nephew Richards, Inc.Court of Appeals for the Tenth Circuit · 2001
- H. Jerome Claar Ben Mar Maynard Young Donald Doll v. Burlington Northern Railroad Company, Dick Eggar Ray Ellison v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1994
12 more not listed; retrieve them via the Exa API.
3Cited by299 opinions
- William Hunt v. County of OrangeCourt of Appeals for the Ninth Circuit · 2012
- Novella v. Westchester CountyCourt of Appeals for the Second Circuit · 2011
- In Re Asbestos Products Liability Litigation (No. VI)Court of Appeals for the Third Circuit · 2013
- Hall v. FlanneryCourt of Appeals for the Seventh Circuit · 2016
- William Hunt v. County of OrangeCourt of Appeals for the Ninth Circuit · 2012
294 more not listed; retrieve them via the Exa API.