Legal Opinion
del Rosario Ortega v. Star Kist
Court of Appeals for the First Circuit
Decided June 2, 2004No. 02-2530PublishedCited by 30 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
In April 1999, Beatriz Blanco-Ortega, then nine years old, cut her right pinky finger on a can of Star-Kist tuna. That is not normally the stuff of lawsuits in federal court, but her injuries were more than trivial and led to surgery, the prospect of future surgery, and minor permanent disability and scarring. Beatriz, along with her parents and sister, sued in federal court, asserting diversity jurisdiction. 28 U.S.C. § 1332. The claims of Beatriz’s family members were composed of emotional distress damages, with the mother asserting medical expenses as well. Plaintiffs’…
2Cases cited70 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
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3Cited by30 opinions
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- Julie Olden, Richard Hunter, Wilbur Bleau, and All Others Similarly Situated v. Lafarge Corp.Court of Appeals for the Sixth Circuit · 2004
- McLaughlin v. Liberty Mutual InsuranceDistrict Court, D. Massachusetts · 2004
- Youtsey v. Avibank Manufacturing, Inc.District Court, D. Massachusetts · 2010
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