Opinion

Malley-Duff & Associates, Inc. v. Crown Life Insurance

  • 792 F.2d 341
  • 54 U.S.L.W. 2651
Court
Court of Appeals for the Third Circuit
Filed
May 30, 1986
Status
Published
Author
Sloviter
On the bench
Higginbotham, Sloviter
Cited by
6 cases
Authority
More cited than 19.6%

The opinion

SLOVITER, Circuit Judge,

concurring in the judgment.

I join in Parts I, III, and IV of the majority opinion. As set forth in my concurring opinion in A.J. Cunningham Packing Corp. v. Congress Financial Corp., 792 F.2d 330 , filed today, I disagree with the majority’s approach in looking to state statutes of limitations to find one applicable to civil RICO claims. Instead, I would apply the four year statute set forth in section 4B of the Clayton Act, 15 U.S.C. § 15b. The argument that a federal statute of limitations should govern was not presented by plaintiffs in this action. Nonetheless, my comments in A.J. Cunningham are equally applicable to the issue presented here.

Because the plaintiffs in this case filed their complaint within four years of the date that their claim accrued, I agree with the majority that their complaint was filed timely and I therefore concur in the majority’s reversal of the judgment of the district court and remand for further proceedings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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