Legal Opinion
Wm. H. McGee & Co. v. Liebherr America, Inc.
District Court, E.D. Kentucky
Decided April 10, 1992No. 7:08-misc-07001PublishedCited by 10 opinions
1Opinion of the Court
OPINION
BERTELSMAN, Chief Judge.
The court on this motion is again faced with the endemic problem of determining the extent to which state statutes and rules related to limitations of actions apply in federal diversity cases.
FACTS
Two days before the statute of limitations ran, the plaintiffs, William H. McGee and Company and Carlisle Equipment Company, filed this diversity action to recover for the loss by fire of two pieces of heavy construction equipment manufactured by the defendant Liebherr America. The complaint alleged that the equipment caught on fire because of defects for which the…
2Cases cited24 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bradford v. Bracken CountyDistrict Court, E.D. Kentucky · 2011
- Marlyn Eades and Joan Eades v. Clark Distributing Company, Inc. And Leslie Dale TrovillionCourt of Appeals for the Sixth Circuit · 1995
- Nanny v. SmithKentucky Supreme Court · 2008
- Insurance Products Marketing, Inc. v. Indianapolis Life InsuranceDistrict Court, D. South Carolina · 2001
- Wolfberg v. Greenwood Development Corp.District Court, D. South Carolina · 1994
5 more not listed; retrieve them via the Exa API.