Legal Opinion
Bernetta Hilbun v. David J. Goldberg
Court of Appeals for the Fifth Circuit
Decided August 10, 1987No. 86-3500PublishedCited by 23 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
An auctioneer and onetime vice-president of an auction house appeals a jury verdict of tortious conversion, claiming that under .Louisiana law, which governs the action against him, the cause of action had prescribed before the suit was filed. We find that, when an earlier action was dismissed under Fed.R.Civ.P. 41(b) for failure to prosecute it, the interruption of prescription effected by filing the action was annulled, so that prescription ran without interruption from the date of the occurrence on which the cause of action was based. We therefore reverse,…
2Cases cited14 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Regina (Rega) Jablon v. Dean Witter & Co., and Sydney TurnerCourt of Appeals for the Ninth Circuit · 1980
- Denny Lee LONDON, Plaintiff-Appellant, v. COOPERS & LYBRAND, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Club Retro, L.L.C. v. HiltonCourt of Appeals for the Fifth Circuit · 2009
- Ronald Lambert v. United StatesCourt of Appeals for the Fifth Circuit · 1995
- United States Ex Rel. Bias v. Tangipahoa Parish School BoardCourt of Appeals for the Fifth Circuit · 2016
- Ole K. Nilssen v. Motorola, Inc. And Motorola Lighting, Inc.Court of Appeals for the Federal Circuit · 2000
- In the Matter of Mickey O'connor, Debtor. Frank McGee v. Mr. Hugh O'COnnOrCourt of Appeals for the Fifth Circuit · 1998
18 more not listed; retrieve them via the Exa API.