Legal Opinion
DeRienzo v. Harvard Industries, Inc.
Court of Appeals for the Third Circuit
Decided February 3, 2004No. 02-4548PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Chief Judge.
In this products liability case, the issue on appeal is whether plaintiff should be allowed to amend his complaint under Fed. R.Civ.P. 15(c) to substitute defendant manufacturer for a fictitious name under New Jersey Rule 4:26-4 after the statute of limitations had expired. The court 1 held that plaintiff failed to satisfy the due diligence requirement of N.J.R. 4:26-4 and granted defendants’ motion for summary judgment. We will reverse and remand.
I
On February 10, 1999, plaintiff Dennis DeRienzo, a Captain in the United States Marine Corps, was…
2Cases cited12 opinions
- O'KEEFFE v. SnyderSupreme Court of New Jersey · 1980
- Curley v. KlemCourt of Appeals for the Third Circuit · 2002
- Farrell v. Votator Division of Chemetron Corp.Supreme Court of New Jersey · 1973
- Viviano v. CBS, INC.Supreme Court of New Jersey · 1986
- Claypotch v. Heller, Inc.New Jersey Superior Court Appellate Division · 2003
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3Cited by17 opinions
- Hunt Ex Rel. Chiovari v. DartDistrict Court, N.D. Illinois · 2009
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- Armbruster v. EskolaDistrict Court, M.D. Pennsylvania · 2024
- BOSTARD v. WILDWOOD CREST BORODistrict Court, D. New Jersey · 2025
- BRIGHT v. TYSONDistrict Court, D. New Jersey · 2019
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