Legal Opinion

Follette v. Wal-Mart Stores, Inc.

Court of Appeals for the Eighth Circuit

Decided December 6, 1994No. 94-1458PublishedCited by 23 opinions

1Opinion of the Court

RICHARD S. ARNOLD, Chief Judge.

The plaintiffs, Kent and Jane Follette, brought this breach of warranty suit on behalf of their minor son, Andrew. They now appeal the grant of a motion for summary judgment filed by the defendant, Wal-Mart. The District Court held that the Follettes’ cause of action was barred by res judicata. Alternatively, that Court held that the suit was barred by the Arkansas statute of limitations. For the reasons set forth below, we reverse and remand the case for further proceedings.

I

The Follettes allege that on August 21, 1989, a jug of hairspray purchased from…

2Cases cited17 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
  3. Lane v. PetersonCourt of Appeals for the Eighth Circuit · 1990
  4. Wenche Siemer, Etc. v. The Learjet Acquisition Corp., Mayade Bahri Helwani, Etc. v. The Learjet Acquisition Corp.Court of Appeals for the Fifth Circuit · 1992
  5. Bill Phillips v. Illinois Central Gulf RailroadCourt of Appeals for the Fifth Circuit · 1989

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3Cited by23 opinions

  1. Paramount Aviation Corporation v. Gruppo Agusta Agusta Aerospace Corporation Costruzioni Aeronautiche Giovanni, Augusta, S.P.A. Augusta, S.P.ACourt of Appeals for the Third Circuit · 1999
  2. Liberty Mutual Insurance Company v. Fag Bearings CorporationCourt of Appeals for the Eighth Circuit · 2003
  3. Hatch v. Trail King Industries, Inc.Court of Appeals for the First Circuit · 2012
  4. Middleton v. Caterpillar Indus., Inc.Supreme Court of Alabama · 2007
  5. Charles H. NOVAK, Jr., Appellant, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, AppelleeCourt of Appeals for the Eighth Circuit · 1995

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

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