Legal Opinion
Maughan v. SW Servicing, Inc.
Court of Appeals for the Tenth Circuit
Decided April 5, 1985No. 82-2165PublishedCited by 164 opinions
1Opinion of the Court
McKAY, Circuit Judge.
The issue in this case is whether a claim involving suspected carcinogens presents an “exceptional circumstance” tolling the Utah statute of limitations until a plaintiff knows or should know of the facts constituting his or her cause of action.
Plaintiffs filed this wrongful death suit on August 28,1980, alleging that the leukemia that led to the deaths of their children and spouses between 1960 and 1973 was caused by radiation emanating from a uranium processing plant in Monticello, Utah. The trial court granted defendants’ motion for summary judgment as to all of the…
2Cases cited28 opinions
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Dayco Corporation v. Goodyear Tire & Rubber Company, Dayco Corporation v. Firestone Tire & Rubber CompanyCourt of Appeals for the Sixth Circuit · 1975
- In Re Beef Industry Antitrust Litigation, Mdl Docket No. 248. Pony Creek Cattle Co., Inc., Musselman Ranch Co., Etc., Plaintiffs-Intervenors-Appellants v. The Great Atlantic & Pacific Tea Co., R. Dirk Agee v. Safeway Stores, Inc., Meat Price Investigators Association, Etc. v. Safeway Stores, Inc., Richard S. Lowe v. Safeway Stores, Inc., A. L. Black v. Albertson's, Inc., (Two Cases). Chaparral Cattle Corp. v. Safeway Stores, Inc., Burke Petersen v. Safeway Stores, Inc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., John O. Varian v. Safeway Stores, Inc., Meat Price Investigators Association v. Safeway Stores, Inc., Etc., Little Ranch Co., Inc. v. The National Association of Food Chains, Etc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., Etc.Court of Appeals for the Fifth Circuit · 1979
- Harig v. Johns-Manville Products Corp.Court of Appeals of Maryland · 1978
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3Cited by164 opinions
- Childs v. HausseckerTexas Supreme Court · 1998
- Riley v. PresnellMassachusetts Supreme Judicial Court · 1991
- Alexander v. OklahomaCourt of Appeals for the Tenth Circuit · 2004
- Dick Dickeson and Beth Weaver v. Deloyd Quarberg and the Board of County Commissioners of Hot Springs County, WyomingCourt of Appeals for the Tenth Circuit · 1988
- Marshall Stewart, Jr., Plaintiff-Appellant-Cross-Appellee v. Rca Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Seventh Circuit · 1986
159 more not listed; retrieve them via the Exa API.