CHAVEZ v. OCCIDENTAL CHEM.

No. 39.

35 N.Y.3d 492 (2020)

158 N.E.3d 93

133 N.Y.S.3d 224

2020 NY Slip Op 05839

TOBIAS BERMUDEZ CHAVEZ et al., Respondents, v. OCCIDENTAL CHEMICAL CORPORATION, Individually and as Successor to OCCIDENTAL CHEMICAL COMPANY and Others, Appellant.

Court of Appeals of New York.

Decided October 20, 2020.


Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Kenneth A. Manning of counsel), Vinson & Elkins, LLP, Washington, D.C. ( Jeremy C. Marwell and Matthew X. Etchemendy of the District of Columbia bar, admitted pro hac vice, of counsel) and Houston, Texas ( D. Ferguson McNiel of the Texas bar, admitted pro hac vice, of counsel), and Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware ( Timothy Jay Houseal of the Delaware bar, admitted pro hac vice, of counsel), for appellant.

Massey & Gail LLP, Washington, D.C. ( Jonathan S. Massey of counsel), and Hendler Flores Law, PLLC, Austin, Texas ( Scott M. Hendler of the Texas bar, admitted pro hac vice, of counsel), for respondents.

Dechert LLP, New York City ( Douglas E. Fleming III and Sheila L. Birnbaum of counsel), for Product Liability Advisory Council, Inc., amicus curiae.

McCarter & English, LLP, New York City ( Irene M. Hurtado and David R. Kott of counsel), and Wheeler Trigg O'Donnell LLP, Denver, Colorado ( Galen D. Bellamy of the Colorado bar and Eric L. Robertson of the Colorado bar, of counsel), for Whirlpool Corporation, amicus curiae.

Jenner & Block LLP, Washington, D.C. ( Adam G. Unikowsky of counsel) and Chicago, Illinois ( Gabriel K. Gillett of counsel), for Chamber of Commerce of the United States of America, amicus curiae.


OPINION OF THE COURT

The United States Court of Appeals for the Second Circuit has asked us whether New York recognizes so-called American Pipe (American Pipe & Constr. Co. v Utah, 414 U.S. 538 [1974]) tolling of the statute of...

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