Legal Opinion
McGowan v. University of Scranton
Court of Appeals for the Third Circuit
Decided April 12, 1985No. 84-5091PublishedCited by 77 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This appeal in a diversity case, 28 U.S.C. § 1332, presents the question whether the running of the statute of limitations applicable to actions brought under the Pennsylvania wrongful death and survival statutes enacted in 19781 may be tolled when a plaintiff is unable, despite the exercise of due diligence, to determine the cause of the decedent’s death. The Pennsylvania Supreme Court has not yet addressed the applicability of this principle, the so-called “discovery rule,” in such circumstances. We must therefore predict how that court would…
2Cases cited37 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
32 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
- Aloe Coal Company and Commercial Union Insurance Company v. Clark Equipment Co.Court of Appeals for the Third Circuit · 1987
- Sarah Borse v. Piece Goods Shop, IncCourt of Appeals for the Third Circuit · 1992
- 71 Fair empl.prac.cas. (Bna) 596, 68 Empl. Prac. Dec. P 44,234 Margaret Gares v. Willingboro Township Willingboro Township Council Willingboro Township Police Dept. Gary Owens, Willingboro TownshipCourt of Appeals for the Third Circuit · 1996
- Zeleznik v. United StatesCourt of Appeals for the Third Circuit · 1985
72 more not listed; retrieve them via the Exa API.