Legal Opinion
Frieda Klingebiel and Henry Klingebiel v. Lockheed Aircraft Corporation, a California Corporation
Court of Appeals for the Ninth Circuit
Decided February 20, 1974No. 72-1160PublishedCited by 51 opinions
OPINION
1Opinion of the Court
DUNIWAY, Circuit Judge:
These are diversity actions in which we are required to apply the law of California.1 All of them are actions for wrongful death of foreign nationals occurring abroad or elsewhere in the United States. The sole question presented is whether the district court was correct in applying the California Statute of Limitations.
In considering such a question, we apply two principles. The first is that the duty of the federal court is to ascertain and apply the existing California law,2 not to predict that California may change its law and then to apply the federal court’s…
2Cases cited8 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Stoner v. New York Life InsuranceSupreme Court of the United States · 1941
- William Neil Turnbull v. Josephine Bonkowski and Leonard KingCourt of Appeals for the Ninth Circuit · 1969
- Floyd and Genevieve Horton v. Frans P. JessieCourt of Appeals for the Ninth Circuit · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Cabrera v. City of Huntington ParkCourt of Appeals for the Ninth Circuit · 1998
- Richard Venable v. William H. Meyers, Defendant-AppelleantCourt of Appeals for the Ninth Circuit · 1974
- National Surety Corporation, a Corporation of the State of New York v. The Midland Bank, a Corporation of New JerseyCourt of Appeals for the Third Circuit · 1977
- Alexia Herrera v. Zumiez, Inc.Court of Appeals for the Ninth Circuit · 2020
- In Re Neil Lafortune and Janice Lafortune, Bankrupts. Neil Lafortune and Janice Lafortune v. Naval Weapons Center Federal Credit UnionCourt of Appeals for the Ninth Circuit · 1981
46 more not listed; retrieve them via the Exa API.