Legal Opinion

Janet L. Vaught v. Showa Denko K.K.

Court of Appeals for the Fifth Circuit

Decided March 10, 1997No. 96-20200PublishedCited by 68 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this diversity action, the key issues at hand are when the limitations period began running under Texas law for the Vaughts’ cause of action arising out of Janet L. Vaught’s use of L-tryptophan, a nutritional supplement, and whether her membership in a putative federal class action in another State tolled the Texas limitations period until class certification was denied. Asserting, in ter alia, that a diligent, but fruitless, inquiry was made as to whether the Vaughts had a cause of action, the Vaughts challenge the summary judgment granted…

2Cases cited32 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  3. Hanna v. PlumerSupreme Court of the United States · 1965
  4. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  5. United States v. KubrickSupreme Court of the United States · 1979

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3Cited by68 opinions

  1. Childs v. HausseckerTexas Supreme Court · 1998
  2. Winters v. Diamond Shamrock Chemical Co.Court of Appeals for the Fifth Circuit · 1998
  3. Christopher v. Depuy Orthopaedics, Inc. (In Re Depuy Orthopaedics, Inc., Pinnacle Hip Implant Prod. Liab. Litig.)Court of Appeals for the Fifth Circuit · 2018
  4. Norman Shropshear v. Corporation Counsel of the City of ChicagoCourt of Appeals for the Seventh Circuit · 2001
  5. Wade v. Danek Medical, Inc.Court of Appeals for the Fourth Circuit · 1999

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