Legal Opinion

Vito Milanese, Jr. And Suzanne Milanese v. Rust-Oleum Corporation

Court of Appeals for the Second Circuit

Decided March 1, 2001No. Docket 00-7527PublishedCited by 280 opinions

1Opinion of the Court

McLAUGHLIN, Circuit Judge:

BACKGROUND

Vito Milanese, Jr. (“Milanese”) was the co-owner of a small landscaping business. His amour propre, however, was his Ferrari 308. In December 1996, he dedicated his evenings to rust-proofing the chassis. This tedious operation required wire-brushing the entire under-body of the car, then applying a rust-preventing primer coat, followed by a coat of enamel. For use in priming and painting, Milanese bought a can of Rust-Oleum Rusty Metal Primer (the “Primer”) and a can of Rust-Oleum Protective Enamel (the “Enamel”). While using the primer, vapors were ignited…

2Cases cited14 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Frank D. Jones v. New York State Division of Military and Naval Affairs and New York State Army National GuardCourt of Appeals for the Second Circuit · 1999
  4. John Hemphill v. Harold Schott, Nyc Police Officer Thomas Dimuro, Nyc Police OfficerCourt of Appeals for the Second Circuit · 1998
  5. Health-Chem Corp. v. BakerCourt of Appeals for the Second Circuit · 1990

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

3Cited by280 opinions

  1. Keitt v. New York CityDistrict Court, S.D. New York · 2011
  2. AEP Energy Services Gas Holding Co. v. Bank of America, N.A.Court of Appeals for the Second Circuit · 2010
  3. Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating DistrictCourt of Appeals for the Second Circuit · 2012
  4. Duane Reade Inc., Plaintiff-Counter-Defendant-Appellee v. St. Paul Fire and Marine Insurance Company, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2005
  5. Dow Jones & Company, Inc. v. Harrods Limited, and Mohamed Al FayedCourt of Appeals for the Second Circuit · 2003

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

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