Legal Opinion

Seaboard Corp. v. Marsh Inc.

Supreme Court of Kansas

Decided August 31, 2012No. 104,294PublishedCited by 11 opinions

1Opinion of the Court

The opinion of the court was delivered by

Luckert, J.:

The primary question raised in this appeal is whether the Kansas saving statute, K.S.A. 60-518, applies and saves the plaintiff s action from being barred by the applicable statute of limitation. Under tire Kansas saving statute, a plaintiff who timely files a legal action that is dismissed otherwise than on the merits after any applicable statute of limitation has run may file a second legal action within 6 months of the dismissal, of tire first action without being barred by the statute of limitation.

In this case, the plaintiff argues the…

2Cases cited66 opinions

  1. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  2. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  3. Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
  4. In Re Insurance Brokerage Antitrust LitigationCourt of Appeals for the Third Circuit · 2010
  5. Scott Culver v. City of Milwaukee, and United States of America, Defendant-Intervenor-AppelleeCourt of Appeals for the Seventh Circuit · 2002

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3Cited by11 opinions

  1. Cohen v. BattagliaSupreme Court of Kansas · 2013
  2. Hemphill v. ShoreSupreme Court of Kansas · 2012
  3. Watco Companies, Inc. v. CampbellCourt of Appeals of Kansas · 2016
  4. Lehman v. City of TopekaCourt of Appeals of Kansas · 2014
  5. Alliance Indemnity Co. v. Kerns – McAnanyCourt of Appeals of Kansas · 2017

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