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PETROBRAS AMERICA v. SAMSUNG HEAVY INDUSTRIES CO.

No. 20-20338.

9 F.4th 247 (2021)

PETROBRAS AMERICA, INCORPORATED, Plaintiff-Appellant, v. SAMSUNG HEAVY INDUSTRIES COMPANY, LIMITED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed August 11, 2021.

Attorney(s) appearing for the Case

Jonathan Joseph Walsh, Esq. , Curtis, Mallet-Prevost, Colt & Mosle, L.L.P., New York, NY, Eric J. Cassidy , Berg & Androphy, Houston, TX, for Plaintiff-Appellant.

Christopher Odell , Arnold & Porter Kaye Scholer, L.L.P., Houston, TX, Daniel Bernstein , Arnold & Porter Kaye Scholer, L.L.P., New York, NY, Sally Pei , David Weiner , Arnold & Porter Kaye Scholer, L.L.P., Washington, DC, for Defendant-Appellee.

Before Elrod, Willett, and Engelhardt, Circuit Judges.

Petrobras appeals the Rule 12(b)(6) dismissal of its fraud claims, arguing that Samsung did not establish that Petrobras's claims are barred by the applicable statute of limitations. Because the pleadings do not establish as a matter of law that Petrobras had actual or constructive notice of its injury before March 2015, dismissal at the pleading...

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