Legal Opinion
Mary Shoup Larry R. Shoup, Sr. v. Bell & Howell Company
Court of Appeals for the Fourth Circuit
Decided April 26, 1989No. 19-1367PublishedCited by 87 opinions
1Opinion of the Court
WILKINSON, Circuit Judge:
In this case we must determine if a dismissal by one federal court on statute of limitations grounds bars subsequent litigation of the same claim between the same parties in a second federal forum. The district court held it does not. We reverse and hold that pursuant to Fed.R.Civ.P. 41(b) the earlier statute of limitations ruling is a judgment on the merits subject to claim preclusion.
I
On July 19, 1984, plaintiff Mary Shoup was injured while operating a mass mailing machine manufactured by defendant Bell & Howell Company. On July 14, 1986, she and her husband filed…
2Cases cited24 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Costello v. United StatesSupreme Court of the United States · 1961
- Nevada v. United StatesSupreme Court of the United States · 1983
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3Cited by87 opinions
- Tyrone Andrews v. J. M. Daw, in His Individual CapacityCourt of Appeals for the Fourth Circuit · 2000
- Igal v. Brightstar Information Technology Group, Inc.Texas Supreme Court · 2008
- United States Ex Rel. May v. Purdue Pharma L.P.Court of Appeals for the Fourth Circuit · 2013
- Meritcare Incorporated Meritcare Ventures, Inc. Quinlan Medical, Inc. v. St. Paul Mercury Insurance CompanyCourt of Appeals for the Third Circuit · 1999
- Payne Ex Rel. Estate of Calzada v. BrakeCourt of Appeals for the Fourth Circuit · 2006
82 more not listed; retrieve them via the Exa API.