Legal Opinion
Basf Corporation v. Darlene Symington, Next Friend or Guardian Ad Litem for Darci Symington, an Incompetent
Court of Appeals for the Eighth Circuit
Decided April 27, 1995No. 94-2340PublishedCited by 66 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
This is a Declaratory Judgment Act ease. The district court granted relief, agreeing with the declaratory plaintiff that the defendant’s imminent personal injury claim would be time-barred. Because we conclude that the district court should not have considered the plaintiffs statute of limitations affirmative defense via declaratory judgment action, we vacate the judgment and remand with directions to dismiss the complaint.
I
Darei Symington, a citizen of North Dakota, was born on July 19, 1966, at Pembina Memorial Hospital in Cavalier, North Dakota. While in the…
2Cases cited37 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
32 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Amsouth Bank (03-5517) First Tennessee Bank (03-5521) v. George DaleCourt of Appeals for the First Circuit · 2004
- Cedars-Sinai Medical Center v. ShalalaCourt of Appeals for the Ninth Circuit · 1997
- Rural Water System 1 v. City of Sioux CenterDistrict Court, N.D. Iowa · 1997
- Dow Jones & Co., Inc. v. Harrods, Ltd.District Court, S.D. New York · 2002
- Prudential Insurance Co. of America v. DoeCourt of Appeals for the Eighth Circuit · 1998
61 more not listed; retrieve them via the Exa API.