Legal Opinion

Luis Antonio Aguilar Marquinez v. The Dow Chemical Company

Supreme Court of Delaware

Decided March 15, 2018No. 231, 2017PublishedCited by 3 opinions

1Opinion of the Court

VAUGHN, Justice:

The United States Court of Appeals for the Third Circuit certified the following question of law to this Court in accordance with the Delaware Constitution, Article IV, § 11 (8)(a) and Delaware Supreme Court Rule 41 :

Does class action tolling end when a federal district court dismisses a matter for forum non conveniens and, consequently, denies as moot "all pending motions," which include the motion for class certification, even where the dismissal incorporated a return jurisdiction clause stating that "the court will resume jurisdiction over the action as if the case had…

2Cases cited13 opinions

  1. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  2. Dole Food Co. v. PatricksonSupreme Court of the United States · 2003
  3. Tobias Chavez v. Dole Food Company IncCourt of Appeals for the Third Circuit · 2016
  4. Reid v. SpazioSupreme Court of Delaware · 2009
  5. Delgado v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 2000

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3Cited by3 opinions

  1. Tobias Bermudez Chavez v. Occidental Chemical Corp.Court of Appeals for the Second Circuit · 2019
  2. Chaverri v. Dole Food Company, Inc.Superior Court of Delaware · 2019
  3. Eduardo Alvarado Chaverri v. Dole Food CompanySupreme Court of Delaware · 2021

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