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Legal Opinion

Lafferty v. St. Riel

Court of Appeals for the Third Circuit

Decided July 19, 2007No. 05-5357PublishedCited by 209 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

We deal with a deceptively simple issue: which filing date applies for statute of limitations purposes when a federal district court transfers venue to another district under 28 U.S.C. § 1406(a)? Here, a federal district court in New Jersey with diversity jurisdiction transferred a personal injury claim filed within the limitations statutes of both New Jersey and Pennsylvania to another federal district court in Pennsylvania because the New Jersey district was an improper venue. The United States District Court for the Eastern District of Pennsylvania…

2Cases cited33 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Van Dusen v. BarrackSupreme Court of the United States · 1964
  3. Hanna v. PlumerSupreme Court of the United States · 1965
  4. Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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3Cited by209 opinions

  1. Liggon-Redding v. Estate of Robert SugarmanCourt of Appeals for the Third Circuit · 2011
  2. Sheldon Stephens v. Kevin ClashCourt of Appeals for the Third Circuit · 2015
  3. In Re LimitNone, LLCCourt of Appeals for the Seventh Circuit · 2008
  4. Premier Payments Online, Inc. v. Payment Systems WorldwideDistrict Court, E.D. Pennsylvania · 2012
  5. Belt v. Fed. Bureau of PrisonsDistrict Court, D. New Jersey · 2018

204 more not listed; retrieve them via the Exa API.

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