Legal Opinion

Larry G. King v. Otasco, Incorporated

Court of Appeals for the Fifth Circuit

Decided December 6, 1988No. 87-4773PublishedCited by 40 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

This case presents three issues. The first is whether a state’s statute of limitations should be applied separately to each of the claims stated in a complaint or to the “essence” of the allegations considered as a whole. We hold that the statute of limitations applies to each claim, not merely to the pith of the litigation. The second issue is whether a father’s failure to specify in a notice of appeal that he is suing as his children’s next friend deprives an appellate court of jurisdiction over an appeal of the dismissal of the children’s claims. We hold that…

2Cases cited20 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
  3. Dillon v. LeggCalifornia Supreme Court · 1968
  4. Schiavone v. FortuneSupreme Court of the United States · 1986
  5. Molien v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1980

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3Cited by40 opinions

  1. Baker v. PutnalCourt of Appeals for the Fifth Circuit · 1996
  2. Anthony Fielder v. Benjamin Varner the District Attorney of County of Philadelphia Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2004
  3. Texas A&M Research Foundation v. Magna Transportation, Inc.Court of Appeals for the Fifth Circuit · 2003
  4. Susan and Reggie Griffith v. Marlin Johnston, Individually and as Commissioner of the Texas Department of Human ServicesCourt of Appeals for the Fifth Circuit · 1990
  5. Al-Jundi v. Estate of RockefellerCourt of Appeals for the Second Circuit · 1989

35 more not listed; retrieve them via the Exa API.

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