1. Home
  2. Browse Decisions
  3. F.3d
  4. 357 F.3d
  5. 357 F.3d 348 (2004)
 

DERIENZO v. HARVARD INDUSTRIES, INC.

No. 02-4548.

357 F.3d 348 (2004)

Dennis DERIENZO, Captain, U.S.M.C.; Kristen DeRienzo, his wife, Appellants v. HARVARD INDUSTRIES, INC.; John Does 1-25 (Unknown individuals and entities); Lockley Manufacturing Company; Entwistle Co.; Lasko Products, Inc. f/k/a Lasko Metal Products, Inc.

United States Court of Appeals, Third Circuit.

Filed: February 3, 2004.

Attorney(s) appearing for the Case

Alan B. Handler (Argued), Alan M. Darnell, Wilentz, Goldman & Spitzer, Woodbridge, for Appellants.

Albert J. D'Aquino (Argued), Goldberg Segalla LLP, Buffalo, Stephen G. Traflet, Debra M. Albanese, Traflet & Fabian, Carriage Court Two, Morristown, for Appellee, Lasko Products, Inc. f/k/a Lasko Metal Products, Inc.

Before SCIRICA, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this products liability case, the issue on appeal is whether plaintiff should be allowed to amend his complaint under Fed. R.Civ.P. 15(c) to substitute defendant manufacturer for a fictitious name under New Jersey Rule 4:26-4 after the statute of limitations had expired. The court1 held that plaintiff failed to satisfy the due diligence requirement of N.J.R. 4:26-4 and

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases