Legal Opinion
In re Engle Cases
District Court, M.D. Florida
Decided September 12, 2014No. Civil Action No. 09-10000-WGYPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
YOUNG,1 District Judge.
I. INTRODUCTION
These two consolidated motions address the same factual situation: cases where a living plaintiff had timely filed an Engle action before subsequently passing away, and where the decedent’s personal representative had not amended the complaint to reflect the changed status or cause of action before Florida’s two-year statute of limitations for wrongful death actions had expired. They then pose the same legal question: does a wrongful death claim relate back to the original complaint, such that it is not barred by the statute of…
2Cases cited49 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Foman v. DavisSupreme Court of the United States · 1962
- Mayle v. FelixSupreme Court of the United States · 2005
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
44 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Feldman v. American Asset Finance, LLCDistrict Court, E.D. Pennsylvania · 2015
- R. J. Reynolds Tobacco Company v. Andy R. Allen Sr., as Personal Rep. etc.District Court of Appeal of Florida · 2017
- R.J. Reynolds Tobacco Co. v. SheffieldDistrict Court of Appeal of Florida · 2019
- Mary E. Sheffield, etc. v. R.J. Reynolds Tobacco CompanySupreme Court of Florida · 2021
- Moss v. InchDistrict Court, M.D. Florida · 2023
3 more not listed; retrieve them via the Exa API.