Legal Opinion
James Hamilton, as Administrator of the Estate of Gordon Daniel Hamilton, Deceased v. Firestone Tire & Rubber Company, Inc.
Court of Appeals for the Ninth Circuit
Decided March 26, 1982No. 81-5360PublishedCited by 187 opinions
1Opinion of the Court
ELY, Circuit Judge.
Appellant Firestone Tire & Rubber Co., Inc. [“Firestone”] appeals from the District Court’s dismissal, without prejudice, of appellee Hamilton’s wrongful death/products liability claim pursuant to Fed.R.Civ.P. 41(a)(2). Firestone contends that, because it had filed a counterclaim and cross-claim and had proceeded with discovery, the District Court erred in dismissing the complaint to allow Hamilton to pursue a pending parallel claim in Alabama state court. Firestone contends also that Hamilton should be estopped from requesting dismissal of this action and that the District…
2Cases cited11 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Audrey M. Thompson, Florence Ain & Gregory Ain, Dorothy E. Kahan & Robert Kahan, Nana Berman & William Berman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
- Sams v. Beech Aircraft Corp.Court of Appeals for the Ninth Circuit · 1980
- Purer & Company and Phillip Purer v. Aktiebolaget Addo and Addo MacHine Company, Inc.Court of Appeals for the Ninth Circuit · 1969
6 more not listed; retrieve them via the Exa API.
3Cited by187 opinions
- Hyde & Drath v. BakerCourt of Appeals for the Ninth Circuit · 1994
- Smith v. LenchesCourt of Appeals for the Ninth Circuit · 2001
- Nannette B. Davis v. Usx CorporationCourt of Appeals for the Fourth Circuit · 1987
- Navellier v. SlettenCourt of Appeals for the Ninth Circuit · 2001
- Brown v. BaekeCourt of Appeals for the Tenth Circuit · 2005
182 more not listed; retrieve them via the Exa API.