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Belue et al v. A.O. Smith Electrical Products Company et al

RESPONSE to Motion re MOTION to Stay Defendant Owens-Illinois, Inc.'s Response to Plaintiffs' Motion to Stay

9 Cited authorities

  1. Garrett v. Raytheon Co. Inc.

    368 So. 2d 516 (Ala. 1979)   Cited 149 times
    Holding that a cause of action for latent injuries caused by toxic exposure accrues at the time of the plaintiff's last exposure to the toxic substance

  2. Tyson v. Johns-Manville Sales Corp.

    399 So. 2d 263 (Ala. 1981)   Cited 73 times
    Refusing to apply the new Alabama discovery rule retroactively, and holding pre-May 19, 1979 asbestos exposures to the one-year statute of limitations rule

  3. Johnson v. Garlock, Inc.

    682 So. 2d 25 (Ala. 1996)   Cited 18 times
    Holding in a pre-May 19, 1979 exposure case, plaintiff must file action within one year of the date of last exposure

  4. Cazalas v. Johns-Manville Sales Corp.

    435 So. 2d 55 (Ala. 1983)   Cited 17 times
    In Cazalas, this Court considered the effect of § 6-2-30(b), Ala. Code 1975, which was enacted by the legislature following this Court's decision in Garrett and which expressly provided that all actions arising out of exposure to asbestos were not deemed to have accrued until "the first date the injured party, through reasonable diligence, should have reason to discover the injury giving rise to such civil action."

  5. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  6. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,801 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  7. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,276 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  8. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,454 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  9. Section 6-2-30 - Commencement of actions - Generally; actions for injuries resulting from exposure to asbestos

    Ala. Code § 6-2-30   Cited 38 times
    Adopting date of discovery rule