Legal Opinion
Summerhill v. Terminix, Inc.
Court of Appeals for the Eighth Circuit
Decided March 24, 2011No. 09-3691PublishedCited by 90 opinions
1Opinion of the Court
BEAM, Circuit Judge.
Charles Summerhill (Summerhill), the named plaintiff in a purported class action lawsuit against Terminix, 1 appeals the district court’s 2 dismissal of his first amended complaint as time-barred because Summerhill failed to sufficiently plead that the Arkansas doctrine of fraudulent concealment saves his otherwise stale claims. We affirm.
I. BACKGROUND
On June 16, 2008, Summerhill, on behalf of himself and a proposed class of Arkansas Terminix customers, filed suit against Terminix in the Circuit Court of Lonoke County, Arkansas, alleging breach of contract and warranty…
2Cases cited10 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Drobnak v. Andersen Corp.Court of Appeals for the Eighth Circuit · 2009
- Great Plains Trust Co. v. Union Pacific RailroadCourt of Appeals for the Eighth Circuit · 2007
- United States ex rel. Costner v. United StatesCourt of Appeals for the Eighth Circuit · 2003
- Kincheloe v. FarmerCourt of Appeals for the Seventh Circuit · 1954
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3Cited by90 opinions
- E-Shops Corp. v. U.S. Bank National Ass'nCourt of Appeals for the Eighth Circuit · 2012
- United States Ex Rel. Raynor v. National Rural Utilities Cooperative Finance, Corp.Court of Appeals for the Eighth Circuit · 2012
- Christopher Freitas v. Wells Fargo Home Mortgage, IncCourt of Appeals for the Eighth Circuit · 2013
- Paul Allen Olson v. Fairview Health Services of MNCourt of Appeals for the Eighth Circuit · 2016
- Bank of America, N.A. v. JB Hanna, LLCCourt of Appeals for the Eighth Circuit · 2014
85 more not listed; retrieve them via the Exa API.