Phyllis Blaha v. A.H. Robins & Co., 708 F.2d 238 (6th Cir. 1983). · Go Syfert
Phyllis Blaha v. A.H. Robins & Co., 708 F.2d 238 (6th Cir. 1983). Cases Citing This Book View Copy Cite
20 citation events (11 in the last 25 years) across 10 distinct courts.
Strongest positive: Ireland v. Williamson County Hospital District (tnmd, 2022-05-04)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ireland v. Williamson County Hospital District
M.D. Tenn. · 2022 · quote attribution · 1 verbatim quote · confidence high
pursuant to the erie doctrine, state statutes of limitations must be applied by 5 the erie doctrine is named after the supreme court's decision in erie r.r. co. v. tompkins, 304 u.s. 64 (1938). federal courts sitting in diversity.
discussed Cited as authority (verbatim quote) K-Tex, LLC v. Cintas Corporation
6th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence high
pursuant to the erie doctrine, state statutes of limitations must be applied by federal courts sitting in diversity.
cited Cited as authority (rule) Abney v. City of Detroit Police Department
E.D. Mich. · 2023 · confidence medium
Robins and Co., 708 F.2d 238, 239-40 (6th Cir. 1983).
cited Cited as authority (rule) Hanover American Insurance Company v. Tattooed Millionaire Entertainment, LLC
W.D. Tenn. · 2023 · confidence medium
Robins & Co., 708 F.2d 238, 239 (6th Cir. 1983) (citing Guaranty Trust Co. v. York, 326 U.S. 99 (1945)).
cited Cited as authority (rule) Nashel v. The New York Times Company
E.D. Mich. · 2022 · confidence medium
Robins & Co., 708 F.2d 238, 239 (6th Cir. 1983) (citing Guaranty Tr.
cited Cited as authority (rule) Integrity Business Partners, LLC v. Autumn Ridge Consulting Inc.
S.D. Ohio · 2022 · confidence medium
Robins & Co., 708 F.2d 238, 239 (6th Cir. 1983) (per curiam).
cited Cited as authority (rule) Pratt v. KSE Sportsman Media, Inc.
E.D. Mich. · 2022 · confidence medium
Robins & Co., 708 F.2d 238, 239 (6th Cir. 1983) (per curiam) (“Pursuant to the Erie doctrine, state statutes of limitations must be applied by federal courts sitting in diversity.” (citing Guar.
cited Cited as authority (rule) Lanpheare v. Anthony
E.D. Ky. · 2020 · confidence medium
Robins and Co., 708 F.2d 238, 239 (6th Cir. 1983) (citation omitted).
discussed Cited as authority (rule) Bartenberger v. Damon
S.D. Ohio · 2019 · confidence medium
Robins and Co., 708 F.2d 238, 239 (6th Cir. 1983) (per curiam). when there is a cognizable event whereby the client discovers or should have discovered that his injury was related to his attorney's act or non-act and the client is put on notice of a need to pursue his possible remedies against the attorney or when the attorney-client relationship for that particular transaction or undertaking terminates, whichever occurs later.
discussed Cited as authority (rule) Eileen Zell v. Katherine Klingelhafer
6th Cir. · 2018 · confidence medium
Robins and Co., 708 F.2d 238, 239 (6th Cir. 1983) (per curiam) (citation omitted). -5- Case No. 17-3534, Zell v. Klingelhafer, et al. occurrence of one of two events, whichever is later: (1) “when there is a cognizable event whereby the client discovers or should have discovered that his injury was related to his attorney’s act or non-act and the client is put on notice of a need to pursue his possible remedies against the attorney”; or (2) “when the attorney-client relationship for that particular transaction or undertaking terminates.” Smith v. Conley, 846 N.E.2d 509 , 511–12 (Oh…
cited Cited as authority (rule) Jeane Smith v. J.J.B. Hilliard, W.L. Lyons
6th Cir. · 2014 · confidence medium
Robins & Co., 708 F.2d 238, 239 (6th Cir.1983) (per curiam) (citing Guaranty Trust Co. v. York, 326 U.S. 99 , 65 S.Ct. 1464 , 89 L.Ed. 2079 (1945)).
discussed Cited as authority (rule) Douglass v. Eaton Corp.
6th Cir. · 1992 · confidence medium
Rather, a judgment notwithstanding the verdict “may be granted only if, viewing the admissible evidence most favorable to the party opposing the motion, a reasonable trier of fact could draw only one conclusion.” Hill v. Spiegel, Inc., 708 F.2d 238, 237 (6th Cir.1983).
Retrieving the full opinion text from the archive…
Phyllis BLAHA, Plaintiff-Appellant,
v.
A.H. ROBINS AND COMPANY, Defendant-Appellee
82-1284.
Court of Appeals for the Sixth Circuit.
Jun 1, 1983.
708 F.2d 238
1983 U.S. App. LEXIS 27169
Steven G. Silverman, Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bart-nick, Norman Rosen (argued), Richard E. Shaw (argued), Detroit, Mich., for plaintiff-appellant., Jeremiah J. Kenney, Kitch, Suhrheinrich, Smith, Saurbier & Drutchas, Mark Will-marth (argued), Thomas Foley, Detroit, Mich., for defendant-appellee.
Martin, Contie, Markey.
Cited by 19 opinions  |  Published
PER CURIAM.

The plaintiff appeals from the district court’s determination that her action was barred by the applicable Michigan statute of limitations. Blaha v. A.H. Robins & Co., 536 F.Supp. 344 (W.D.Mich.1982). Her action was timely filed but she failed to make service upon the defendant until after the limitations period had expired. The issue on appeal is whether a Michigan court rule requiring automatic dismissal of actions in which service was not made within 180 days after the complaint was filed must be applied by a federal court sitting in diversity. The district court found that the Michigan rule should be applied and we affirm.

The relevant facts are as follows. The defendant manufactured and sold an inter-uterine contraceptive device known as the Daikon Shield. The plaintiff began using the Daikon Shield in 1972 and allegedly suffered injuries from its use, including a total hysterectomy in 1974. In March 1976, the plaintiff filed suit in federal district court pursuant to 28 U.S.C. § 1332. Service was not made upon the defendant until January 1980, which was undisputedly after the expiration of the statute of limitations.

Pursuant to the Erie doctrine, state statutes of limitations must be applied by federal courts sitting in diversity. Guaranty Trust Co. v. York, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945). When the act of service is an integral part of a state statute of limitations, a federal court must likewise require service before the statute is tolled. Walker v. Armco Steel Corp., 446 U.S. 740, 100 S.Ct. 1978, 64 L.Ed.2d 659 (1980), reaffirming Ragan v. Merchants Transfer & Warehouse Co., 337 U.S. 530, 69 S.Ct. 1233, 93 L.Ed. 1520 (1949).

After analyzing Michigan statutory and case law, the district court concluded that General Court Rule 102, which provides in part that a suit will be automatically dismissed if service is not made within 180 days after the complaint is filed, is an integral part of Michigan’s law with respect to statutes of limitations. We agree. The purpose of the Erie doctrine is to have diversity cases decided under the same substantive rules as state cases so as to eliminate forum shopping and inequitable administration of the law. Failure to apply[*240] Rule 102 in this diversity action would create an inequitable situation where the federal diversity plaintiff is able to pursue her case while a state plaintiff, under identical facts, would be barred by the statute of limitations. “[T]here is simply no reason why, in the absence of a controlling federal rule, an action based on state law which concededly would be barred in the state courts by the state statute of limitations should proceed through litigation to judgment in federal court solely because of the fortuity that there is diversity of citizenship between the litigants.” Walker, 446 U.S. at 753, 100 S.Ct. at 1986.

At oral argument, the plaintiff made several arguments which had not been made to the district court or in her briefs on appeal to this court. We decline to consider those arguments.

The judgment of the district court is Affirmed.