Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc. And Dyro-Tech Industries, Inc. D/B/A "Cor Tec"
Court of Appeals for the Fifth Circuit
1ConcurrenceJohn R. Brown, Circuit Judge
I concur but think needed precision in applying our en banc opinion in Nilsen warrants special emphasis.
First, Nilsen is not only binding, it is sound and, as the Court points out, it is applicable whether the first and second Federal Courts are one and the same, different, both in the same state, or in different states.
Statutes of limitations do not operate abstractly. Rather each pertains to a particular cause of action. Thus a 6-year statute of limitations for a Written contract would not be applicable to a suit for personal injuries with a 2-year statute of limitations.
Here the Louisiana…
2Cases cited1 opinion
- Steve D. Thompson Trucking v. DorseyCourt of Appeals for the Fifth Circuit · 1988