Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Marchesani v. Pellerin-Milnor Corporation

Under Louisiana's choice of law rules, the ultimate question is which state's policies would be most seriously impaired if its law were not applied to the issue, i.e., the state which, in light of its relationship to the parties and the dispute and its policies rendered pertinent by that relationship, would bear the most serious legal, social, economic and other consequences if its law were not applied.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
As amended October 4, 2001

Appeal from the United States District Court For the Eastern District of Louisiana

In this diversity case, we are called on to apply Louisiana’s choice of law rules to determine whether Tennessee’s ten-year statute of repose for product liability claims bars Plaintiffs-Appellants Dennis and Trixie Tina Marchesani’s product liability suit in the district court situated in Louisiana against Defendant-Appellant Pellerin-Milnor Corporation (“Milnor”) as manufacturer of the offending product in question. Left to our own devices after the Louisiana Supreme Court declined to accept our certified question,*fn1 we conclude that Louisiana’s choice of law rules require the Louisiana-based district court to apply Louisiana’s own prescriptive and peremptive rules, under which the Marchesanis’ claims are not time-barred. We therefore reverse the district court’s grant of summary judgment in favor of Milnor and remand for further proceedings consistent with this opinion.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
DOCUMENT REVIEW STAFF ATTORNEY/LIMITED PROJECT

COLE SCHOTZ P.C.DOCUMENT REVIEW STAFF ATTORNEY/LIMITED PROJECT: Prominent mid-Atlantic law firm with multiple regional offices seeks a Docu...


Apply Now ›
Seattle, WA State and Local Tax Associate

Description: Fox Rothschild LLP has an opening in Seattle, WA for an associate to join our growing state and local taxation (SALT) team. Thi...


Apply Now ›
NO FAULT ATTORNEY

NY defense counsel seeking experienced no fault attorney responsible for cases from inception to resolution, including court and arb appeara...


Apply Now ›
Go to Lawjobs