At page 1072 Summary judgment burden and factual dispute standard237 citing cases“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Moore v. Johnson & Johnson, No. 3:25-cv-13359 (D.N.J. July 7, 2025).([W]hen looking at its language, a court should presume that the statute says what it means. If the words of a statute are unambiguous, judicial inquiry should end, and the law interpreted according to the plain meaning…)
- Moore v. Johnson & Johnson, No. 1:24-cv-06405 (S.D.N.Y. July 7, 2025).([W]hen looking at its language, a court should presume that the statute says what it means. If the words of a statute are unambiguous, judicial inquiry should end, and the law interpreted according to the plain meaning…)
- Whitaker v. Am. Telecasting, 261 F.3d 196 (2d Cir. 2001).published([A] court should presume that [a] statute says what it means.)
- Just, No. 3:24-cv-01215 (D. Conn. Aug. 27, 2026).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Coers, No. 3:24-cv-01234 (D. Conn. Aug. 25, 2026).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Daniels, No. 3:24-cv-01792 (D. Conn. Aug. 5, 2026).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Adeyemi, No. 3:24-cv-01835 (D. Conn. July 1, 2026).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Velasco, No. 3:23-cv-00419 (D. Conn. Dec. 3, 2025).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Taylor v. New Haven, No. 3:22-cv-00533 (D. Conn. Sept. 30, 2025).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Michael A. Johnson v. The City of New York, et al., No. 1:19-cv-08745 (S.D.N.Y. Sept. 5, 2025).Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993) (quoting Matsushita Elec.
Show 187 more citing cases
- Wolak v. Town of Old Saybrook, No. 3:23-cv-00734 (D. Conn. Aug. 28, 2025).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Pimentel v. Target Corp., No. 1:23-cv-08502 (S.D.N.Y. July 2, 2025).“bears the initial burden of demonstrating the absence of any genuine factual issues”
- Corley v. United States, No. 3:22-cv-01007 (D. Conn. June 23, 2025).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Int'l Supply, LLC v. Hudson Meridian Constr. Grp., LLC, No. 3:22-cv-01167 (D. Conn. June 21, 2025).“bears the initial burden of demonstrating the absence of any genuine factual issues”
- Reale v. Haskell, No. 3:21-cv-01349 (D. Conn. Mar. 31, 2025).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Anhui Joyful Mfg. & Trading Co., Ltd v. M.I.S.S. Sportwear, Inc., No. 1:23-cv-08070 (S.D.N.Y. Mar. 21, 2025).Exam’rs, 364 F.3d 79, 84 (2d Cir. 2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993)).
- Torres v. Unibud Restoration Corp., No. 1:22-cv-01191 (S.D.N.Y. Sept. 30, 2024).“some metaphysical doubt as to the material facts”
- Schneidermesser v. NYU Grossman Sch. of Med., No. 1:21-cv-07179 (S.D.N.Y. Sept. 10, 2024).“some metaphysical doubt as to the material facts”
- Est. of Confessor Hichez-Zapata v. Emerecia, No. 1:21-cv-04261 (S.D.N.Y. May 21, 2024).Exam’rs, 364 F.3d 79, 84 (2d Cir. 2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993)).
- Zhang v. The City of New York, No. 1:17-cv-05415 (S.D.N.Y. Sept. 28, 2023).Exam’rs, 364 F.3d 79, 84 (2d Cir. 2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993)).
- Brown v. High. Transp. Chem., LLC, No. 1:20-cv-08652 (S.D.N.Y. Sept. 27, 2023).Exam’rs, 364 F.3d 79, 84 (2d Cir. 2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993)).
- Mumma v. Pathway Vet All., LLC, 648 F. Supp. 3d 373 (D. Conn. 2023).published“bears the initial burden of demonstrating the absence of any genuine factual issues”
- Vellali v. Yale Univ., No. 3:16-cv-01345, 2022 WL 13684612 (D. Conn. Oct. 21, 2022).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Obegenski v. Sun Life Fin., No. 3:20-cv-01408 (D. Conn. July 22, 2022).“demonstrate more than some metaphysical doubt as to the material facts, . . . [and] must come forward with specific facts showing that there is a genuine issue for trial”
- Simon Prop. GRroup, L.P v. U.S. Bank Nat'l Ass'n, No. 1:21-cv-07850 (S.D.N.Y. July 6, 2022).Exam’rs, 364 F.3d 79, 84 (2d Cir. 2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993)).
- Farina v. Metro. Transp. Auth., No. 1:18-cv-01433 (S.D.N.Y. Mar. 10, 2022).Exam’rs, 364 F.3d 79, 84 (2d Cir. 2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993)).
- SPT Chatsworth Holdings, L.L.C. v. HFZ 344 West 72nd Street LLC, No. 1:20-cv-08502 (S.D.N.Y. Feb. 16, 2022).Exam’rs, 364 F.3d 79, 84 (2d Cir. 2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993)).
- Weddington v. Sentry Indus., Inc., No. 1:18-cv-10055 (S.D.N.Y. Feb. 16, 2022).Exam’rs, 364 F.3d 79, 84 (2d Cir. 2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993)).
- In Re Finley, 130 F.3d 52 (2d Cir. 1997).published
- United States Court of Appeals, Second Circuit, 136 F.3d 82 (2d Cir. 1998).unpublished
- Mark Labounty v. Thomas A. Coughlin, Iii, Comm'r Carl D. Berry, Superintendent, Woodbourne Corr. Facility T.J. Miller, Deputy Superintendent of Admin. at Woodbourne Corr. Facility, 137 F.3d 68 (2d Cir. 1998).published
- L.B. Foster Co. v. Am. Piles, Inc., Grace Indus., Inc., Michael J. Amoruso, Esq., 138 F.3d 81 (2d Cir. 1998).published
- Medeiros v. O'Connell, 150 F.3d 164 (2d Cir. 1998).published
- Robert Bogan & Scott Bogan v. Austin E. Hodgkins, Jr., Nw. Mut. Life Ins. Co., 166 F.3d 509 (2d Cir. 1999).published
- Anthony L. Arciniaga v. Gen. Motors Corp., Docket No. 05-6299-Cv, 460 F.3d 231 (2d Cir. 2006).published
- Bain v. Wal-Mart Stores, Inc., 585 F. Supp. 2d 449 (W.D.N.Y. 2008).published
- Pharmacy, Inc. v. Am. Pharm. Partners, Inc., 511 F. Supp. 2d 324 (E.D.N.Y. 2007).published
- Caudle v. Towers, Perrin, Forster & Crosby, Inc., 580 F. Supp. 2d 273 (S.D.N.Y. 2008).published
- Levine v. Smithtown Cent. Sch. Dist., 565 F. Supp. 2d 407 (E.D.N.Y. 2008).published
- Baker v. Gerould, 598 F. Supp. 2d 357 (W.D.N.Y. 2009).published
- Maher v. All. Mortg. Banking Corp., 650 F. Supp. 2d 249 (E.D.N.Y. 2009).published
- Dorcely v. Wyandanch Union Free Sch. Dist., 665 F. Supp. 2d 178 (E.D.N.Y. 2009).published
- Consorcio Prodipe, S.A. De C v. v. Vinci, S.A., 544 F. Supp. 2d 178 (S.D.N.Y. 2008).published
- Ragusa v. Malverne Union Free Sch. Dist., 582 F. Supp. 2d 326 (E.D.N.Y. 2008).published
- Gantt v. Gantt, 208 S.W.3d 27 (Tex. App.—Houston [14th Dist.] 2006).published
- Gray v. Robert Plan Corp., 991 F. Supp. 94 (E.D.N.Y. 1998).published
- DeVito v. Inc. Vill. of Valley Stream, 991 F. Supp. 137 (E.D.N.Y. 1998).published
- Devan Motors of Fairfield, Inc. v. Infiniti Div. of Nissan North Am., Inc., 579 F. Supp. 2d 294 (D. Conn. 2008).published
- Kresmery v. Serv. Am. Corp., 227 B.R. 10 (D. Conn. 1998).published
- Chain Tech., Inc. v. Fleet Nat'l Bank (In Re Handy & Harman Refining Grp., Inc.), 293 B.R. 299 (Bankr. D. Conn. 2003).published
- Westport Marina, Inc. v. Boulay, 783 F. Supp. 2d 344 (E.D.N.Y. 2010).published
- Field Day, LLC v. Cnty. of Suffolk, 799 F. Supp. 2d 186 (E.D.N.Y. 2011).published
- Rivera v. Inc. Vill. of Farmingdale, 784 F. Supp. 2d 133 (E.D.N.Y. 2011).published
- Old Carco LLC v. Kroger (In Re Old Carco LLC), 442 B.R. 196 (S.D.N.Y. 2010).published
- Odumosu v. Keller, 53 F. Supp. 2d 545 (N.D.N.Y. 1999).published
- Chance v. Reed, 538 F. Supp. 2d 500 (D. Conn. 2008).published
- Lemme v. Nat'l Broad. Co., Inc., 472 F. Supp. 2d 433 (E.D.N.Y. 2007).published
- Fernandez v. CMB Contracting, 487 F. Supp. 2d 281 (E.D.N.Y. 2007).published
- Synovus Bank of Tampa Bay v. Valley Nat'l Bank, 487 F. Supp. 2d 360 (S.D.N.Y. 2007).published
- Scholtisek v. Eldre Corp., 697 F. Supp. 2d 445 (W.D.N.Y. 2010).published
- Dunn v. Stand. Ins., 156 F. Supp. 2d 227 (D. Conn. 2001).published
- Rider v. Town of Farmington, 162 F. Supp. 2d 45 (D. Conn. 2001).published
- Talwar v. Connecticut, 539 F. Supp. 2d 604 (D. Conn. 2008).published
- Corr v. MTA Long Island Bus, 27 F. Supp. 2d 359 (E.D.N.Y. 1998).published
- Ceslik v. Miller Ford, Inc., 584 F. Supp. 2d 433 (D. Conn. 2008).published
- MacKay v. Rayonier, Inc., 75 F. Supp. 2d 22 (D. Conn. 1999).published
- Bryan v. William M. Mercer, Inc., 76 F. Supp. 2d 198 (D. Conn. 1999).published
- RUSO v. Morrison, 695 F. Supp. 2d 33 (S.D.N.Y. 2010).published
- SEALY CONNECTICUT, INC. v. Litton Indus., Inc., 9 F. Supp. 2d 105 (D. Conn. 1998).published
- Ed Ex Rel. Vd v. Tuffarelli, 692 F. Supp. 2d 347 (S.D.N.Y. 2010).published
- Tesoriero v. Syosset Cent. Sch. Dist., 382 F. Supp. 2d 387 (E.D.N.Y. 2005).published
- Silberberg v. Lynberg, 186 F. Supp. 2d 157 (D. Conn. 2002).published
- Drummond v. IPC Int'l, Inc., 400 F. Supp. 2d 521 (E.D.N.Y. 2005).published
- Ins. Co. of North Am. v. Zaglool, 526 F. Supp. 2d 361 (E.D.N.Y. 2007).published
- Maddaloni Jewelers, Inc. v. Rolex Watch U.S.A., Inc., 354 F. Supp. 2d 293 (S.D.N.Y. 2004).published
- Fund for Animals v. Norton, 365 F. Supp. 2d 394 (S.D.N.Y. 2005).published
- DeFelice Ex Rel. DeFelice v. Warner, 511 F. Supp. 2d 241 (D. Conn. 2007).published
- Westport Ins. Corp. v. Gionfriddo, 524 F. Supp. 2d 167 (D. Conn. 2007).published
- Rzayeva v. Foster, 134 F. Supp. 2d 239 (D. Conn. 2001).published
- New York v. Nat'l Servs. Indus., Inc., 134 F. Supp. 2d 275 (E.D.N.Y. 2001).published
- Calabro v. Nassau Univ. Med. Ctr., 424 F. Supp. 2d 465 (E.D.N.Y. 2006).published
- New York Times Co. v. United States Dep't of Labor, 340 F. Supp. 2d 394 (S.D.N.Y. 2004).published
- Santoro Ex Rel. Santoro v. Donnelly, 340 F. Supp. 2d 464 (S.D.N.Y. 2004).published
- Alberti v. Cnty. of Nassau, 393 F. Supp. 2d 151 (E.D.N.Y. 2005).published
- Days Inns of Am., Inc. v. P & N Enter., Inc., 164 F. Supp. 2d 255 (D. Conn. 2001).published
- Torres-Hicks v. Connecticut Hous. Fin. Auth., 575 F. Supp. 2d 393 (D. Conn. 2008).published
- United States v. Forbes, 740 F. Supp. 2d 334 (D. Conn. 2010).published
- Aiello v. Kellogg, Brown & Root Servs., Inc., 751 F. Supp. 2d 698 (S.D.N.Y. 2011).published
- Brierly v. Deer Park Union Free Sch. Dist., 359 F. Supp. 2d 275 (E.D.N.Y. 2005).published
- City of New York v. Lexington Ins., 735 F. Supp. 2d 99 (S.D.N.Y. 2010).published
- Issac v. City of New York, 701 F. Supp. 2d 477 (S.D.N.Y. 2010).published
- Zaccaro v. Shah, 746 F. Supp. 2d 508 (S.D.N.Y. 2010).published
- GMA Accessories, Inc. v. BOP, LLC, 765 F. Supp. 2d 457 (S.D.N.Y. 2011).published
- Footbridge Ltd. Trust v. Countrywide Fin. Corp., 770 F. Supp. 2d 618 (S.D.N.Y. 2011).published
- Zappone v. Town of Watertown, 427 F. Supp. 2d 83 (D. Conn. 2006).published
- Lee v. Connecticut, 427 F. Supp. 2d 124 (D. Conn. 2006).published
- Xpedior Creditor Trust v. Credit Suisse First Boston (USA) Inc., 399 F. Supp. 2d 375 (S.D.N.Y. 2005).published
- In Re Methyl Tertiary Butyl Ether (Mtbe) Prods., 399 F. Supp. 2d 242 (S.D.N.Y. 2005).published
- Rodriguez v. McClenning, 399 F. Supp. 2d 228 (S.D.N.Y. 2005).published
- UBS Ag, Stamford Branch v. Healthsouth Corp., 645 F. Supp. 2d 135 (S.D.N.Y. 2008).published
- McCrae Assocs., LLC v. Universal Capital Mgmt., Inc., 746 F. Supp. 2d 389 (D. Conn. 2010).published
- Gupta v. City of Norwalk, 221 F. Supp. 2d 282 (D. Conn. 2002).published
- Johnson v. Cnty. of Nassau, 480 F. Supp. 2d 581 (E.D.N.Y. 2007).published
- NWL Holdings, Inc. v. Discover Prop. & Cas. Ins., 480 F. Supp. 2d 655 (E.D.N.Y. 2007).published
- Gonzalez v. Connecticut, 151 F. Supp. 2d 174 (D. Conn. 2001).published
- Bennett v. Aetna Life Ins., 392 F. Supp. 2d 392 (D. Conn. 2005).published
- Bedor v. Friendly's Ice Cream Corp., 392 F. Supp. 2d 367 (D. Conn. 2005).published
- Gucci Am., Inc. v. Hall & Assocs., 135 F. Supp. 2d 409 (S.D.N.Y. 2001).published
- Crawford v. Sysco Food Servs. of Connecticut, LLC, 554 F. Supp. 2d 257 (D. Conn. 2008).published
- Spell v. Connecticut, Off. of Chief State's Attorney, 602 F. Supp. 2d 387 (D. Conn. 2009).published
- Carroll v. United States, 198 F. Supp. 2d 328 (S.D.N.Y. 2001).published
- Winston v. Verizon Servs. Corp., 633 F. Supp. 2d 42 (S.D.N.Y. 2009).published
- DeRosa v. Bell, 24 F. Supp. 2d 252 (D. Conn. 1998).published
- Hijeck v. United Tech. Corp., 24 F. Supp. 2d 243 (D. Conn. 1998).published
- Imme v. Fed. Express Corp., 193 F. Supp. 2d 519 (D. Conn. 2002).published
- Page v. Connecticut Dep't of Pub. Saf., 185 F. Supp. 2d 149 (D. Conn. 2002).published
- Well Luck Co., Inc. v. FC Gerlach & Co. Inc., 421 F. Supp. 2d 533 (E.D.N.Y. 2005).published
- ATUAHENE v. City of Hartford, 491 F. Supp. 2d 278 (D. Conn. 2007).published
- Getlin v. Zoll, 707 F. Supp. 2d 369 (E.D.N.Y. 2010).published
- ZIPOLI v. Caraballo, 603 F. Supp. 2d 399 (D. Conn. 2009).published
- Leibstein v. Lafarge North Am. Inc., 689 F. Supp. 2d 373 (E.D.N.Y. 2010).published
- White v. Martel-Moylan, 586 F. Supp. 2d 63 (D. Conn. 2008).published
- Albany Ins. v. United Alarm Servs., Inc., 194 F. Supp. 2d 87 (D. Conn. 2002).published
- Harhay v. Blanchette, 160 F. Supp. 2d 306 (D. Conn. 2001).published
- Lajeunesse v. Great Atl. & Pac. Tea Co., Inc., 160 F. Supp. 2d 324 (D. Conn. 2001).published
- Damick v. City of Geneva, 151 A.D.3d 1839 (N.Y. App. Div. 4th Dep't 2017).published
- LaBounty v. Coughlin, 137 F.3d 68 (2d Cir. 1998).published
- Whitaker v. Am. Telecasting, Inc., 261 F.3d 196 (2d Cir. 2001).published
- Esposito v. Quatinez, 2 F. Supp. 3d 406 (E.D.N.Y. 2014).published
- Stoffan v. S. New England Tel. Co., 4 F. Supp. 3d 364 (D. Conn. 2014).published
- Gorham v. Town of Trumbull Bd. of Educ., 7 F. Supp. 3d 218 (D. Conn. 2014).published
- Baron v. Advanced Asset & Prop. Mgmt. Solutions, LLC, 15 F. Supp. 3d 274 (E.D.N.Y. 2014).published
- Chrebet v. Cnty. of Nassau, 24 F. Supp. 3d 236 (E.D.N.Y. 2014).published
- Lynch v. Nat'l Fuel Gas Distrib. Corp., 25 F. Supp. 3d 358 (W.D.N.Y. 2014).published
- Cobb v. Metro-North R.R., 41 F. Supp. 3d 145 (D. Conn. 2014).published
- Ahmad v. Yellow Cab Co., 49 F. Supp. 3d 178 (D. Conn. 2014).published
- Edwards v. Jericho Union Free Sch. Dist., 55 F. Supp. 3d 458 (E.D.N.Y. 2014).published
- Walia v. Holder, 59 F. Supp. 3d 492 (E.D.N.Y. 2014).published
- Santiesteban v. Nestle Waters North Am., Inc., 61 F. Supp. 3d 221 (E.D.N.Y. 2014).published
- Schussheim v. First Unum Life Ins., 80 F. Supp. 3d 360 (E.D.N.Y. 2015).published
- Toomey v. MillerCoors LLC, 86 F. Supp. 3d 202 (E.D.N.Y. 2015).published
- Z.H. ex rel. Z.H. v. New York City Dep't of Educ., 107 F. Supp. 3d 369 (S.D.N.Y. 2015).published
- Harnage v. Brighthaupt, 168 F. Supp. 3d 400 (D. Conn. 2016).published
- Fanelli v. New York, 200 F. Supp. 3d 363 (E.D.N.Y. 2016).published
- Transp. Workers Union, Local 252 v. Veolia Transp. Servs., Inc., 211 F. Supp. 3d 505 (E.D.N.Y. 2016).published
- Higginbotham v. Sylvester, 218 F. Supp. 3d 238 (S.D.N.Y. 2016).published
- Fox v. Costco Wholesale Corp., 239 F. Supp. 3d 564 (E.D.N.Y. 2017).published
- Yesh Music, LLC v. Amazon.com, Inc., 249 F. Supp. 3d 645 (E.D.N.Y. 2017).published
- Culleton v. Honeywell Int'l, Inc., 257 F. Supp. 3d 333 (E.D.N.Y. 2017).published
- Nat'l Liab. & Fire Ins. Co. v. Rick's Marine Corp., 268 F. Supp. 3d 371 (E.D.N.Y. 2017).published
- Town of Hartland v. Amerada Hess Corp., 399 F. Supp. 2d 242 (S.D.N.Y. 2005).published
- Morson v. Kreindler & Kreindler, LLP, 814 F. Supp. 2d 220 (E.D.N.Y. 2011).published
- Prince v. Cnty. of Nassau, 837 F. Supp. 2d 71 (E.D.N.Y. 2011).published
- Vlahadamis v. Kiernan, 837 F. Supp. 2d 131 (E.D.N.Y. 2011).published
- Cooper v. New York State Nurses Ass'n, 847 F. Supp. 2d 437 (E.D.N.Y. 2012).published
- Scott v. Harris Interactive, Inc., 851 F. Supp. 2d 631 (S.D.N.Y. 2012).published
- Delia v. Donahoe, 862 F. Supp. 2d 196 (E.D.N.Y. 2012).published
- Est. of Heiser v. Bank of Tokyo Mitsubishi UFJ, 919 F. Supp. 2d 411 (S.D.N.Y. 2013).published
- Bank of Am., N.A. v. Fischer, 927 F. Supp. 2d 15 (E.D.N.Y. 2013).published
- Nat'l Grange Mut. Ins. v. Judson Constr., Inc., 931 F. Supp. 2d 373 (D. Conn. 2013).published
- In re Xerox Corp. Sec. Litig., 935 F. Supp. 2d 448 (D. Conn. 2013).published
- Keepers, Inc. v. City of Milford, 944 F. Supp. 2d 129 (D. Conn. 2013).published
- Whyte v. Nassau Health Care Corp., 969 F. Supp. 2d 248 (E.D.N.Y. 2013).published
- Doody v. Town of North Branford, 972 F. Supp. 2d 281 (D. Conn. 2013).published
- United Van Lines, LLC v. Crye-Leike, Inc., 979 F. Supp. 2d 343 (E.D.N.Y. 2013).published
- Kohutka v. Town of Hempstead, 994 F. Supp. 2d 305 (E.D.N.Y. 2014).published
- Harnage v. Shari, No. 3:17-cv-00356 (D. Conn. Sept. 16, 2020).
- Azam v. Yale Univ., No. 3:18-cv-01260 (D. Conn. Sept. 29, 2020).
- Walsh v. Care at Home, LLC, No. 3:18-cv-00711 (D. Conn. Feb. 12, 2021).
- Mejia v. Wargo, No. 3:18-cv-00982 (D. Conn. Feb. 5, 2021).
- Kershaw v. Brennan, No. 3:18-cv-01705 (D. Conn. Mar. 30, 2021).
- Ashley v. Bridgeport, No. 3:17-cv-00724 (D. Conn. Mar. 31, 2021).
- In Re: Waters, No. 3:15-cv-01506 (D. Conn. Mar. 31, 2021).
- Stiggle v. Reichard, No. 3:18-cv-01066 (D. Conn. July 12, 2021).
- Pakutka v. Palumbo Trucking, No. 3:20-cv-00652 (D. Conn. Jan. 28, 2022).
- Fuentes v. Scag Power Equip. - Div. of Metalcraft of Mayville, Inc., No. 2:17-cv-00825 (E.D.N.Y. Aug. 13, 2019).
- Philadelphia Indem. Ins. Co. v. Amazon.com, Inc., 425 F. Supp. 3d 158 (E.D.N.Y. 2019).published
- Grant v. Cnty. of Suffolk, No. 2:15-cv-04781 (E.D.N.Y. May 27, 2020).
- McNamara v. The City of Long Beach, No. 2:16-cv-01205 (E.D.N.Y. July 10, 2020).
- Cronin v. United States, No. 2:18-cv-00573, 2020 WL 5040597 (E.D.N.Y. Aug. 26, 2020).
- Rsch. Frontiers Inc. v. Prelco Inc., No. 2:18-cv-02939, 2020 WL 6746730 (E.D.N.Y. Nov. 17, 2020).
- Lazare v. City of New York, No. 1:19-cv-02274 (E.D.N.Y. Dec. 21, 2021).
- Marom v. The City of New York, No. 1:15-cv-02017 (S.D.N.Y. July 25, 2019).
- Lindita Coku, M.D. v. The New York & Presbyterian Hosp., No. 1:17-cv-02488 (S.D.N.Y. Aug. 12, 2019).
- iSentium, LLC v. Bloomberg Fin. L.P., No. 1:17-cv-07601 (S.D.N.Y. Jan. 16, 2020).
- Meaders v. Helwaser, 436 F. Supp. 3d 677 (S.D.N.Y. 2020).published
- Murray v. City Of New York, New York, No. 1:16-cv-08072, 2020 WL 615053 (S.D.N.Y. Feb. 10, 2020).
- Sussman v. Newspaper & Mail Deliverer's Union of New York & Vicinity, No. 1:16-cv-07659 (S.D.N.Y. Feb. 10, 2020).
- Mucciarone v. Initiative, Inc., No. 1:18-cv-00567 (S.D.N.Y. Apr. 10, 2020).
- Abhyankar v. JPMorgan Chase & Co, No. 1:18-cv-09411 (S.D.N.Y. July 15, 2020).
- Hanks v. Voya Ret. Ins. & Annuity Co. of New York, 492 F. Supp. 3d 232 (S.D.N.Y. 2020).published
- Bentivoglio v. Event Cardio Grp. Inc., No. 1:18-cv-02040 (S.D.N.Y. Feb. 24, 2021).
- Hartford Fire Ins. Co. v. Maersk Line, No. 1:18-cv-00121-PKC (S.D.N.Y. Mar. 11, 2021).
- L & Leung Leatherware Ltd. v. Collection XIIX Ltd., No. 1:17-cv-07374 (S.D.N.Y. Mar. 16, 2021).
- Lexington Furniture Indus., Inc. v. The Lexington Co., AB, No. 1:19-cv-06239 (S.D.N.Y. Mar. 23, 2021).
- Red Tree Investments, LLC v. Petroleos De Venezuela, S.A., No. 1:19-cv-02519 (S.D.N.Y. Dec. 22, 2021).
- Red Fort Capital, Inc. v. Guardhouse Prods. LLC, No. 1:19-cv-00686 (S.D.N.Y. Jan. 11, 2022).
At page 1075 Using john doe pleadings to circumvent statutes of limitations64 citing casesreplacing a ‘John Doe’ with a named party in effect constitutes a change in the party sued
- Fabian v. Pappalardo, No. 1:18-cv-09096 (S.D.N.Y. July 22, 2019).(replacing a ‘John Doe’ with a named party in effect constitutes a change in the party sued)
- Taylor-Jones v. Carroll Cnty. Sheriff's Dep't, No. 1:25-cv-01026 (W.D. Tenn. Aug. 7, 2025).Cox v. Treadway, 75 F.3d 230, 240 (6th Cir. 1996) (citing Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1075 (2d Cir. 1993)).
- Lopez v. Guziczek, No. 7:21-cv-10099 (S.D.N.Y. Apr. 16, 2025).Civ. P. 15(c) are met.” Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1075 (2d Cir.1993).
- Bettis v. Putnam Cnty. Corr. Facility, No. 7:21-cv-05208 (S.D.N.Y. Sept. 23, 2024).“John Doe’ pleadings cannot be used to circumvent statutes of limitations because replacing a ‘John Doe’ with a named party in effect constitutes a change in the party sued”
- Abbott v. City Of New York, No. 1:23-cv-05152 (S.D.N.Y. July 10, 2024).May 3, 2016) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1075 (2d Cir. 1993)).
- Murphy v. Cnty. of Chemung, No. 6:18-cv-06628 (W.D.N.Y. June 28, 2024).Civ. P. 15(c) are met.” Hogan v. Fischer, 783 F.3d 509 , 517 (2d Cir. 2013) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1075 (2d Cir. 1993)).
- Burris v. Nassau Cnty. Dist. Attorney, No. 2:14-cv-05540 (E.D.N.Y. Mar. 30, 2024).(See Dkt. 1, at 1, 4.) “Although [Plaintiff] filed his [C]omplaint naming the defendant officers as [‘John Doe’ and ‘Jane Doe’] within the three-year statute of limitations period, ‘[i]t is familiar law that ‘John Doe’ pleadings cannot be…
- Aniades v. New York Post, No. 1:21-cv-05975 (S.D.N.Y. July 10, 2023).“John Doe’ pleadings cannot be used to circumvent statutes of limitations because replacing a ‘John Doe’ with a named party in effect constitutes a change in the party sued”
- Weisshaus v. Port Auth. Of New York & New Jersey, No. 1:21-cv-02062 (E.D.N.Y. May 23, 2023).Courts therefore routinely hold that such requests are subject to the applicable deadline for joining new parties in a scheduling order, and analyze requests that come after the relevant deadline under the good cause standard of Rule 16.”…
- Miehle-Kellogg v. Doe, No. 2:19-cv-04943 (E.D.N.Y. Mar. 24, 2023).Due to the expiry of the relevant limitations periods, however, the motion is without basis. “‘‘John Doe’ pleadings cannot be used to circumvent statutes of limitations because replacing a ‘John Doe’ with a named party in effect constitute…
Show 52 more citing cases
- Young v. Lugo, No. 2:18-cv-04216 (E.D.N.Y. Mar. 24, 2023).(Id.) Judge Wicks then reviewed the statute of limitations and relation-back doctrine applicable to Section 1983 cases, particularly those that involve “John Doe” substitutions, i.e., “cases where the initial complaint features a John Doe…
- Jordan v. Corr., No. 3:22-cv-00701 (D. Conn. Mar. 13, 2023).“John Doe pleadings cannot be used to circumvent statutes of limitations because replacing a John Doe with a named party in effect constitutes a change in the party sued.” Hogan v. Fischer, 738 F.3d 509, 517 (2d Cir. 2013) (citing Aslanidi…
- Petitt v. Ruiz, No. 3:22-cv-00095 (D. Conn. Mar. 10, 2023).“John Doe pleadings cannot be used to circumvent statutes of limitations because replacing a John Doe with a named party in effect constitutes a change in the party sued.” Hogan v. Fischer, 738 F.3d 509, 517 (2d Cir. 2013) (citing Aslanidi…
- Zhang v. The City of New York, No. 1:17-cv-05415 (S.D.N.Y. Dec. 22, 2022).“because replacing a ‘John Doe’ with a named party in effect constitutes a change in the party sued”
- Moore v. Albany Cnty., No. 9:19-cv-00630 (N.D.N.Y. Sept. 12, 2022).Plaintiff named John Doe parties, but “[g]enerally, ‘John doe pleadings cannot be used to circumvent statutes of limitations because replacing a John Doe with a named party in effect constitutes a change in the party sued.” Hogan, 738 F.3d…
- Smith v. Rhea Cnty., Tennesee, No. 1:20-cv-00133 (E.D. Tenn. July 27, 2022).Cox v. Treadway, 75 F.3d 230, 240 (6th Cir. 1996) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1075 (2d Cir. 1993).
- Baptiste v. Suffolk Cnty., No. 2:19-cv-00042, 2022 WL 1224570 (E.D.N.Y. Apr. 26, 2022).John Doe pleadings generally “cannot be used to circumvent statutes of limitations because replacing a ‘John Doe’ with a named party in effect constitutes a change in the party sued.” Barrow v. Wethersfield Police Dep’t, 66 F.3d 466 , 468…
- Barrow v. Wethersfield Police Dept., 66 F.3d 466 (2d Cir. 1995).published
- Cox v. Treadway, 75 F.3d 230 (6th Cir. 1996).published
- Tapia-Ortiz v. John Doe, 171 F.3d 150 (2d Cir. 1999).published
- John E. Malesko v. Corr. Servs. Corp., 229 F.3d 374 (2d Cir. 2000).published
- MacCharulo v. Gould, 643 F. Supp. 2d 587 (S.D.N.Y. 2009).published
- Aquilio v. Police Benevolent Ass'n of New York State Troopers, Inc., 857 F. Supp. 190 (N.D.N.Y. 1994).published
- Abreu v. City of New York, 657 F. Supp. 2d 357 (E.D.N.Y. 2009).published
- Brandon v. City of New York, 705 F. Supp. 2d 261 (S.D.N.Y. 2010).published
- Schwartz v. Town of Plainville, 483 F. Supp. 2d 192 (D. Conn. 2007).published
- Van Eck v. Cimahosky, 329 F. Supp. 2d 265 (D. Conn. 2004).published
- Eck v. Gallucci, 321 F. Supp. 2d 368 (D. Conn. 2004).published
- Dye v. City of Warren, 367 F. Supp. 2d 1175 (N.D. Ohio 2005).published
- Collin v. Securi Int'l, 322 F. Supp. 2d 170 (D. Conn. 2004).published
- Hogan v. Fischer, 738 F.3d 509 (2d Cir. 2013).published
- Sarfati v. Antigua & Barbuda, 923 F. Supp. 2d 72 (D.D.C. 2013).published
- Terrell Ham v. Marshall Cnty., Ky., No. 14-5043 (6th Cir. Aug. 7, 2014).unpublished
- Barrett v. City of Newburgh, 720 F. App'x 29 (2d Cir. 2017).unpublished
- Schwebel v. Crandall, 967 F.3d 96 (2d Cir. 2020).published
- Barrow v. Wethersfield Police Dept., 66 F.3d 466 (2d Cir. 1995).published
- Malesko v. Corr. Servs. Corp., 229 F.3d 374 (2d Cir. 2000).published
- Ceara v. Deacon, 68 F. Supp. 3d 402 (S.D.N.Y. 2014).published
- Cruz v. Fischer, 175 F. Supp. 3d 33 (W.D.N.Y. 2016).published
- Ham v. Sterling Emergency Servs. of the Midwest, Inc., 575 F. App'x 610 (6th Cir. 2014).unpublished
- Hampton Bays Connections, Inc. v. Duffy, 212 F.R.D. 119 (E.D.N.Y. 2003).published
- Colorado Capital v. Owens, 227 F.R.D. 181 (E.D.N.Y. 2005).published
- Archibald v. City of Hartford, 274 F.R.D. 371 (D. Conn. 2011).published
- Cooper v. Rhea Cnty., 302 F.R.D. 195 (E.D. Tenn. 2014).published
- Velsini v. Cadmus, 152 F.R.D. 442 (N.D.N.Y. 1994).published
- Canfield v. VSH Restaurant Corp., 162 F.R.D. 431 (N.D.N.Y. 1995).published
- Rodriguez v. Vidal, No. 3:20-cv-00023 (D. Conn. Oct. 6, 2021).
- Xi-Amaru v. Dir. &/or Comm'r of Soc. Sec. Admin., No. 1:18-cv-07028 (E.D.N.Y. Aug. 23, 2019).
- Anderson v. Inc. Vill. of Hempstead, No. 2:15-cv-01485 (E.D.N.Y. Mar. 2, 2020).
- Hart v. Cnty. of Suffolk, No. 2:17-cv-05067 (E.D.N.Y. Aug. 15, 2020).
- Young v. Lugo, No. 2:18-cv-04216 (E.D.N.Y. Dec. 17, 2021).
- Gutek v. Borchardt, No. 9:17-cv-00471, 2020 WL 2336187 (N.D.N.Y. May 11, 2020).
- Wheeler v. Doe, No. 7:16-cv-07441 (S.D.N.Y. May 7, 2019).
- Sheldon v. Galant, No. 7:18-cv-06320 (S.D.N.Y. Dec. 6, 2019).
- Liverpool v. Davis, 442 F. Supp. 3d 714 (S.D.N.Y. 2020).published
- Corso v. City of New York, No. 1:17-cv-06096 (S.D.N.Y. May 26, 2020).
- Jones v. City Of New York, No. 1:19-cv-10424 (S.D.N.Y. Sept. 30, 2021).
- Jones v. The City of New York, No. 1:18-cv-01937 (S.D.N.Y. Nov. 29, 2021).
- Duran v. The Cnty. of Monroe, No. 6:19-cv-06341 (W.D.N.Y. Dec. 2, 2019).
- Duran v. The Cnty. of Monroe, No. 6:19-cv-06341 (W.D.N.Y. Mar. 12, 2020).
- Harriott v. Annucci, No. 6:15-cv-06135 (W.D.N.Y. May 18, 2021).
- Ashdown v. Buchanan, No. 2:17-cv-00495 (S.D. Ohio Feb. 3, 2021).
At page 1073 Interpreting statutory language regarding deadline suspensions51 citing cases“the reference in 108(c)(1) to 'suspension' of time limits clearly does not operate in itself to stop the running of a statute of limitations; rather, this language merely incorporates suspensions of deadlines that are expressly provided in other federal or state statutes.”
- Smith v. Lachter (In Re Smith), 352 B.R. 702 (B.A.P. 9th Cir. 2006).published(The reference in § 108(c)(1) to ‘suspension’ of time limits clearly does not operate in itself to stop the running of a statute of limitations; rather, this language merely incorporates suspensions of deadlines that ar…)
- Farms, LLC v. Isom, 537 P.3d 1241 (Idaho 2023).publishedAslanidis v. United States Lines, Inc., 7 F.3d 1067, 1073 (2d Cir. 1993).
- Rogers v. Corrosion Prods., Inc., 42 F.3d 292 (5th Cir. 1995).published
- The Travelers Ins. Co. v. Cuomo, 14 F.3d 708 (2d Cir. 1994).published
- Nova Bennett, Pers. Rep. of the Est. of Elden Bennett, Deceased v. United States Lines, Inc., 64 F.3d 62 (2d Cir. 1995).published
- Greenery Rehab. Grp., Inc. v. Hammon, 150 F.3d 226 (2d Cir. 1998).published
- Let W. Lee v. Bankers Trust Co., 166 F.3d 540 (2d Cir. 1999).published
- In Re: Basil N. Spirtos, Debtor. Thelma v. Spirtos v. Irene Moreno, 221 F.3d 1079 (9th Cir. 2000).published
- Eliot S. Sash v. Michael Zenk, Fed. Bureau of Prisons, 428 F.3d 132 (2d Cir. 2005).published
- Nwozuzu v. Holder, 726 F.3d 323 (2d Cir. 2013).published
Show 38 more citing cases
- Statewide Funding Corp. v. Reed, 925 P.2d 578 (Okla. Civ. App. 1996).published
- Hazel v. Van Beek, 135 Wash. 2d 45 (1998).published
- Thurman v. Tafoya, 895 P.2d 1050 (Colo. 1995).published
- New Pentax Film, Inc. v. Trans World Airlines, Inc., 936 F. Supp. 142 (S.D.N.Y. 1996).published
- In Re Parmalat Sec. Litig., 493 F. Supp. 2d 723 (S.D.N.Y. 2007).published
- Weaver v. Hamrick, 907 S.W.2d 385 (Tenn. 1995).published
- Hardin Cnty. v. Wilkerson, 255 S.W.3d 923 (Ky. 2008).published
- Klingshirn v. United States (In Re Klingshirn), 209 B.R. 698 (B.A.P. 6th Cir. 1997).published
- Mitchell v. Bigelow (In Re Bigelow), 393 B.R. 667 (B.A.P. 8th Cir. 2008).published
- In Re Confidential Investigative Consultants, Inc., 178 B.R. 739 (Bankr. N.D. Ill. 1995).published
- Zecco v. United States (In Re Zecco), 211 B.R. 109 (Bankr. D. Mass. 1997).published
- Smith v. Lachter (In Re Smith), 293 B.R. 220 (B.A.P. 9th Cir. 2003).published
- In Re Davis, 352 B.R. 758 (Bankr. D.S.C. 2006).published
- Robert L. v. Danzig (In Re Howard J.), 233 B.R. 85 (B.A.P. 8th Cir. 1999).published
- In Re Flag Telecom Holdings, Ltd. Sec. Litig., 352 F. Supp. 2d 429 (S.D.N.Y. 2005).published
- Gonzalez v. Ashcroft, 369 F. Supp. 2d 442 (S.D.N.Y. 2005).published
- Flack v. Friends of Queen Catherine Inc., 139 F. Supp. 2d 526 (S.D.N.Y. 2001).published
- In Re Applic. of US for an Order for Disclosure, 405 F. Supp. 2d 435 (S.D.N.Y. 2005).published
- Hinton v. Outboard Marine Corp., 757 F. Supp. 2d 28 (D. Me. 2010).published
- Weil v. Long Island Sav. Bank, 195 F. Supp. 2d 383 (E.D.N.Y. 2001).published
- RTC Com. Loan Trust v. Templeton, 12 F. Supp. 2d 667 (W.D. Mich. 1997).published
- Sittner v. Schriever, 2001 UT App 99, 22 P.3d 784.published
- Rickard v. Montgomery Ward & Co., 96 P.3d 743 (Nev. 2004).published
- Michelle Merceri v. Deutsche Bank Ag A/k/a, 408 P.3d 1140 (Wash. Ct. App. 2018).published
- Everbank Vs. John J. Tierney III (f-035591-14, Camden Cnty. & Statewide), No. A-2435-18T2 (N.J. Super. Ct. App. Div. July 15, 2020).unpublished
- Linowiecki v. Nichols, 120 So. 3d 1082 (Ala. Civ. App. 2013).published
- New York City Econ. Dev. Corp. v. Corn Exch. LLC, 85 A.D.3d 545 (N.Y. App. Div. 1st Dep't 2011).published
- Travelers Ins. v. Cuomo, 14 F.3d 708 (2d Cir. 1993).published
- Nativo v. Grand Union Co., 717 A.2d 429 (N.J. Super. Ct. App. Div. 1998).published
- Sandvig v. Dubreuil & Sons, Inc., 789 A.2d 1012 (Conn. App. Ct. 2002).published
- Anquillare, Lipnicki, Ruocco & Co. v. VCR Realty Assocs., 808 A.2d 682 (Conn. App. Ct. 2002).published
- Klingshirn v. United States (In re Klingshirn), 194 B.R. 154 (Bankr. N.D. Ohio 1996).published
- Nolan v. United States Internal Revenue Serv., 205 B.R. 885 (Bankr. M.D. Tenn. 1997).published
- In re the United States, 405 F. Supp. 2d 435 (S.D.N.Y. 2005).published
- Ravotti v. Onejet, Inc., No. 2:18-cv-01598 (W.D. Pa. July 1, 2021).
- S-Tek 1, LLC v. Surv-Tek, Inc., No. 20-01074 (Bankr. D.N.M. Apr. 13, 2023).
- Musacchio v. The Hertz Corp., No. 2:20-cv-05705 (E.D.N.Y. Apr. 4, 2025).
- Inco Dev. Corp. v. Superior Court, 131 Cal. App. 4th 1014 (Cal. Ct. App. 2005).published
At page 1076 Interpreting rule 15(c) notice requirements for amended complaints13 citing casesRule 15(c) . . . require[s] notice of plaintiff’s cause of action, not simply notice of the accident.
- Jackson v. Starbucks Corp., No. 2019-1487 (D.D.C. Apr. 8, 2021).published(Rule 15(c) . . . require[s] notice of plaintiff’s cause of 12 action, not simply notice of the accident.)
- Henao v. Smiths Detection, Inc., No. 2018-2564 (D.D.C. June 13, 2019).published(Rule 15(c) . . . require[s] notice of plaintiff’s cause of action, not simply notice of the accident.)
- Rebecca Maycher v. Muskogee Med. Ctr. Auxiliary, a Nonprofit Corp., 129 F.3d 131 (10th Cir. 1997).published
- G.F. Co. v. Pan Ocean Shipping Co., Ltd., Aka, Panobulk Am., Inc., & Pan Queen, Its Engines, Tackle, Apparel & Furniture Banque Indosuez, 23 F.3d 1498 (9th Cir. 1994).published
- Coan v. O & G Indus., Inc. (In Re Austin Driveway Servs., Inc.), 179 B.R. 390 (Bankr. D. Conn. 1995).published
- Mroz v. City of Tonawanda, 999 F. Supp. 436 (W.D.N.Y. 1998).published
- Yanez v. Columbia Coastal Transp., Inc., 68 F. Supp. 2d 489 (D.N.J. 1999).published
- In Re Enron Corp. Sec., Deriv. &\ ERISA\" Lit.", 310 F. Supp. 2d 819 (S.D. Tex. 2004).published
- Barna v. Morgan, 341 F. Supp. 2d 164 (N.D.N.Y. 2004).published
- Grace v. United States, 754 F. Supp. 2d 585 (W.D.N.Y. 2010).published
Show 3 more citing cases
- GSI Grp., Inc. v. Zim Integrated Shipping Servs., Ltd., 562 F. Supp. 2d 503 (S.D.N.Y. 2008).published
- APL Co. Pte. Ltd. v. Kemira Water Solutions, Inc., 890 F. Supp. 2d 360 (S.D.N.Y. 2012).published
- William H. McGee & Co. v. M/V Ming Plenty, 164 F.R.D. 601 (S.D.N.Y. 1995).published
At page 1077 Distinguishing consignee liability for goods mishandling13 citing casesholding 19 that party must raise all arguments against summary disposition in trial court and may not 20 raise them for first time on appeal
- Chem One, Ltd. v. M/V Rickmers Genoa, 660 F.3d 626 (2d Cir. 2011).published
- Spira v. J.P. Morgan Chase & Co., 466 F. App'x 20 (2d Cir. 2012).unpublished
- Brown v. Quiniou, 467 F. App'x 13 (2d Cir. 2012).unpublished
- Davis v. Oyster Bay-East Norwich Cent. Sch. Dist., 473 F. App'x 14 (2d Cir. 2012).unpublished
- Cristofaro v. Lake Shore Cent. Sch. Dist., 473 F. App'x 28 (2d Cir. 2012).unpublished
- Major Oldsmobile, Inc. v. Gen. Motors Corp., 101 F.3d 684 (2d Cir. 1996).unpublished
- Kawasaki Kisen Kaisha, Ltd. v. Plano Molding Co., 696 F.3d 647 (7th Cir. 2012).published
- Chem One, Ltd. v. M/V Rickmers Genoa, 502 F. App'x 66 (2d Cir. 2012).unpublished
- In Re M/V Rickmers Genoa Litig., 622 F. Supp. 2d 56 (S.D.N.Y. 2009).published
- Bryan Fischer v. G4S Secure Solutions Inc, 614 F. App'x 87 (3d Cir. 2015).unpublished
Show 2 more citing cases
- Sentry Ins. a Mut. Co. v. Weber, No. 16-3743-cv (2d Cir. Dec. 27, 2017).unpublished
- Walker v. E.I. Dupont de Nemours & Co., 199 F. Supp. 3d 883 (D. Del. 2016).published
At page 1074 Analyzing bankruptcy stay effect on statute of limitations6 citing cases“statutes of limitations are designed to ensure fairness to defendants and to prevent surprises brought about by the attempt to breathe life into causes that have lain dormant for so long that proof, witnesses and memories all, have disappeared.”
- Richard J. MacKensworth v. S.S. Am. Merch., 28 F.3d 246 (2d Cir. 1994).published
- Jonathan Hakala v. Deutsche Bank Ag (Formerly Bankers Trust Corp.), Deutsche Bank Alex. Brown, Inc. (Formerly Bt Sec., Inc.), 343 F.3d 111 (2d Cir. 2003).published
- Heaning v. NYNEX-New York, 945 F. Supp. 640 (S.D.N.Y. 1996).published
- Skywark v. Isaacson, 202 B.R. 557 (S.D.N.Y. 1996).published
- Am. Soc'y of Composers, Authors, & Publishers Ex Rel. Bergman v. Pataki, 930 F. Supp. 873 (S.D.N.Y. 1996).published
- In Re Pfohl Bros. Landfill Litig., 68 F. Supp. 2d 236 (W.D.N.Y. 1999).published
Other citing cases
- Lisi v. Fed. Bureau of Prisons, No. 2:19-cv-07317 (E.D.N.Y. Feb. 11, 2025).
v.
UNITED STATES LINES, INC., United States Lines (S.A.), Inc., United States Lines, Inc., Reorganization Trust, United States Lines (S.A.), Inc., Reorganization Trust, Defendants-Appellees Emil ASLANIDIS v. BRANDEIS INTSEL & CO., INC., Brandeis Division of Pechiney World Trade USA, Inc., John Doe I, John Doe II, John Doe III, Samancor, Ltd., South African Container Depots, Ltd. and Rennies Freight Services, Ltd., Defendants-Appellees BRANDEIS INTSEL & CO., INC. and Brandeis Division of Pechiney World Trade USA, Inc., Third-Party-Plaintiffs v. SAMANCOR, LTD., South African Container Depots, Ltd. and Rennies Freight Services, Ltd., Third-Party-Defendants
Emil Aslanidis appeals from twin October 20, 1992 judgments of the United States District Court for the Southern District of New York (Kram, J.), dismissing his claims against defendants in two related suits arising from a toxic fire that occurred aboard an American vessel sailing on the high seas. Aslanidis, a merchant seaman working on the vessel, was injured by the fumes. He alleges the district court wrongly granted summary judgment to the owner of the ship in one suit, and in favor of the manufacturer, packager, transporter and purchaser of the cargo that caught fire in the other.
With respect to the first cause of action, when the ship’s owner declared bankruptcy, plaintiff petitioned for relief from the automatic stay, wrongly thinking that time was on his side. But, in so doing, he became the clock-setter; so that when he later sued the owner of the ship, time had run out and his claim was barred by the statute of limitations. Time limitations similarly barred As-landis’ second suit. Although his intent to sue the manufacturer — and the other defendants that had charge of the flammable phosphorus — was properly conceived in the womb of time, notice of it to them was too long[*1070] delayed in delivery. Hence, we affirm both judgments.
BACKGROUND
A. The Phosphorus Fire
In 1985 Aslanidis was employed as a seaman aboard the S.S. American Rigel (RIGEL), a container vessel owned and operated by United States Lines, Inc. (U.S. Lines). In April of that year, the RIGEL commenced a scheduled three-month voyage from its home port in New York City to South Africa and then to South America before returning. Upon arrival in South Africa, the RIGEL loaded a sea container holding 76 steel drums of phosphorus, a highly flammable chemical element, which must be transported in a water blanket to keep it from coming into contact with the air. Phosphorus exposed to air ignites spontaneously.
The phosphorus on the RIGEL was manufactured by Samancor, Ltd. of South Africa; it had been sold to Brandéis Intsel Africa “free-on-board,” which company in turn sold the shipment to Brandéis Intsel Ltd., London (Brandéis London) “free-on-board.” Bran-déis London then sold the shipment to Bran-déis Intsel & Co. (Brandéis New York) “eost-insurance-freight (CIF) New York.” During these paper transactions, Samancor had kept the phosphorus drums in its South Africa plant stowed in a sea container supplied by U.S. Lines. When the paperwork was completed, the manufacturer arranged with Ren-nies Freight Services, Ltd. (Rennies) to carry the sea container from its factory to the Durban, South Africa docks for loading on the RIGEL.
On April 30, 1985 while the phosphorus shipment was en route to Durban, it was damaged in a motor vehicle accident. Upon learning of the accident, Samancor obtained a replacement sea container from U.S. Lines and contracted with South African Container Depots, Ltd. (SACD) to transfer all 76 drums of phosphorus from the damaged receptacle into the new one. Samancor instructed SACD that the phosphorus needed to be kept under water. The restowing was done carelessly, some of the nails that were hammered into supports within the sea container pierced four of the phosphorus drums and its surrounding water shield, causing the container’s liquid blanket to commence leaking.
At Samaneor’s direction, Rennies transported the new container to the port at Durban, where it was loaded on the RIGEL for transport to the United States. On May 22, 1985 while the merchant vessel was in the South Atlantic off the coast of Brazil, the water blanket deflated and phosphorus from the four damaged drums made contact with the air and self-ignited. The resulting fire was quickly extinguished by the ship’s crew, but toxic fumes emitted from the smoldering container had been released. Aslanidis alleges in his complaint that these fumes injured him and seven other RIGEL crew members.
Following the fire, the RIGEL was diverted to Salvadore, Brazil, where its cargo was off-loaded and examined. The 72 undamaged drums of phosphorus were restowed in another container and returned to the ship for its continuing voyage to New York; the four damaged drums were jettisoned at sea. On June 6, 1985 the RIGEL arrived at the Howland Hook Marine Terminal in Staten Island, New York, where the phosphorus-bearing container was stripped by personnel from the New York City Fire Department, U.S. Lines, and its insurers. An ensuing investigation found several of the drums to be leaking, but determined that the chemical material inside was sound. Nevertheless, Brandéis New York indicated it would not accept the shipment, and Samancor agreed to take back the damaged cargo and replace it with conforming goods.
B. Proceedings Below
1. Action Against U.S. Lines
After the May 1985 fire, plaintiff Aslanidis attempted to file suit against U.S. Lines but was prevented from doing so because on November 24, 1986 the owner of the RIGEL and its parent company sought bankruptcy protection in the Southern District of New York and were granted an automatic stay of all claims under 11 U.S.C. § 362 (1988). As a result, Aslanidis petitioned the Southern District Bankruptcy Court (Blaekshear, J.) pursuant to 11 U.S.C. § 108(c) (1988) for[*1071] limited relief from the stay. On November 27,1991 the bankruptcy court granted Aslan-idis such relief, permitting him to pursue the instant claim.
On January 24, 1992 — 58 days after the bankruptcy court’s action — Aslanidis commenced suit against U.S. Lines under general maritime law and the Jones Act, 46 U.S.C.App. § 688 (1988), in the Southern District of New York.' In his complaint As-lanidis alleged that U.S. Lines was negligent in its handling of the phosphorus cargo, breached the warranty of seaworthiness of the RIGEL, and violated its duty of maintenance and cure while its employee seaman was unfit for duty. U.S. Lines responded by moving for dismissal of the complaint under Fed.R.Civ.P. 12(b)(6), or in the alternative, for summary judgment under Fed.R.Civ.P. 56 because Aslanidis’ action was barred under the three-year statutes of limitations found in the Uniform Statute of Limitations for Maritime Torts, 46 U.S.C.App. § 763a (1988), and .the Jones Act. Aslanidis countered that these applicable time bars were “tolled” or suspended while U.S. Lines was protected by the automatic stay provision of the Bankruptcy Code.
In an order dated October 16, 1992 Judge Kram granted U.S. Lines’ motion for summary judgment. In so doing, she held the bankruptcy court’s stay did not toll the two maritime statutes of limitations. According to the district court, Aslanidis was required to commence his action within three years of the date of his alleged injury, or within 30 days of the lifting of the automatic stay under the Bankruptcy Code. Aslanidis’ January 24, 1992 complaint — filed over six years after the ship fire and 58 days after the lifting of the bankruptcy stay — was not timely under either measure and, accordingly, it granted the motion terminating Aslanidis’ action against U.S. Lines.
2. Action Against the Other Parties
Meanwhile, Aslanidis had filed a separate complaint on May 23, 1988 in the United States District Court for the District of New Jersey, against various parties — other than U.S. Lines — that had handled the phosphorus. Aslanidis alleged they were negligent and reckless and thus liable for the injuries he incurred as a result of the May 22, 1985 fire on the RIGEL. In this complaint, As-lanidis named as defendants Brandéis New York, Union Carbide Corp. (which by consent order was subsequently released from the action), and three “John Does.” Aslani-dis maintains he employed the “John Doe” pleading because he was unable to ascertain the names of the other defendants involved in the transportation and packaging of the phosphorus.
Following January 1990 discovery, Bran-déis New York filed a third-party complaint against the phosphorus manufacturer, Sa-mancor, and the South African transporters and repackagers, Rennies and SACD. Bran-déis New York’s pleading apparently alerted Aslanidis to the identities of the parties that had handled the sea container, and on May 25,1990, he amended his complaint to substitute Rennies, SACD, and Samancor for the “John Does.” These three new defendants were served by mail in June 1990. All four replied to Aslanidis’ amended complaint with motions to dismiss this complaint, which in June 1990 had been transferred from the District of New Jersey to the Southern District of New York pursuant to 28 U.S.C. § 1404(a) (1988).
On October 16,1992 Judge Kram issued an opinion and order granting defendants’ motions in this other action. She granted Ren-nies’ and SACD’s motion to dismiss Aslani-dis’ complaint pursuant to Fed.R.Civ.P. 12(b)(5) and (6) because she found plaintiff had failed to demonstrate in personam jurisdiction over either South African defendant. She also granted summary judgment to Ren-nies, SACD, and Samancor under Fed. R.Civ.P. 56 because defendants had been served with the amended complaint five years after the fire and the alleged injury— well beyond the expiration of the three-year maritime statute of limitations. See 46 U.S.C.App. § 763a. The district court further found that Brandéis New York, as the consignee, could not reasonably have been expected to know whether the goods in question were loaded in a proper manner and thus could not be held liable. Accordingly, it[*1072] also granted Brandéis New York’s motion for summary judgment.
On October 20, 1992 the district court handed down two final judgments terminating plaintiffs cases against both U.S. Lines and the other defendants. Aslanidis appeals from both final judgments, raising objections as to each of the district court’s rulings. In the interest of judicial economy, we consider both of Aslanidis’ appeals together.
DISCUSSION
I Summary Judgment
We review de novo the district court’s grant of summary judgment to defendants. See Brass v. American Film Technologies, Inc., 987 F.2d 142, 146 (2d Cir.1993). Summary disposition is appropriate when all the papers before a trial court show that there are no genuine issues of material fact. Fed.R.Civ.P. 56(c). A litigant seeking such relief bears the initial burden of demonstrating the absence of any genuine factual issues. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). Once this burden is met, the non-moving party is obligated to produce probative evidence supporting its view that a genuine factual dispute exists. To do so successfully, the non-moving party must demonstrate more than “some metaphysical doubt as to the material facts, ... [it] must come forward with ‘specific facts showing that there is a genuine issue for trial. ’ ” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (quoting Fed.R.Civ.P. 56(e)).
Our role is to determine whether the district court correctly concluded that there were no genuine issues for trial as to Aslanidis’ claims, thereby entitling the appellees to “judgment as a matter of law.” H.L. Hayden Co. of N.Y., Inc. v. Siemens Medical Sys., Inc., 879 F.2d 1005, 1011 (2d Cir.1989). In carrying out this task, we view the evidence in a light most favorable to appellant, the non-moving party, and draw all reasonable inferences in his favor. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 993, 8 L.Ed.2d 176 (1962) (per curiam).
II Tolling the Maritime Statutes of Limitations
Appellant initially asserts that the district court erred in granting U.S. Lines’ motion for summary judgment on the grounds that the seaman’s cause of action against the shipping company was barred by the three-year maritime statutes of limitations. He contends the limitations periods found in the Uniform Statute of Limitations for Maritime Torts, 46 U.S.C.App. § 763a, and the Jones Act, 46 U.S.C.App. § 688, were tolled while U.S. Lines was under protection of the bankruptcy court stay. Since 18 months remained under the time bars — within which he was required to commence his personal injury action — when U.S. Lines initially entered bankruptcy protection, appellant posits that this period continued to be available to him to file his claim after the bankruptcy stay was lifted.
Aslanidis’ argument is predicated in large part on his reading of the “Extension of Time” provision of the Bankruptcy Code, 11 U.S.C. § 108(c), which he believes provides for tolling of all externally imposed statutes of limitations while a debtor is in bankruptcy. This code section states, in pertinent part:
[I]f applicable nonbankruptey law ... fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor ... and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of—
(1) the end of such period, including any ' suspension of such period occurring on or after the commencement of the case; or
(2) 30 days after notice of termination or expiration of the stay under section 362....
11 U.S.C. § 108(c) (emphasis added).
Analysis of this provision must commence with the language of the statute itself because, when looking at its language, a court should presume that the statute says what it means. See Connecticut Nat’l Bank [*1073] v. Germain, — U.S. -, -, 112 S.Ct. 1146, 1149, 117 L.Ed.2d 391 (1992). If the words of a statute are unambiguous, judicial inquiry should end, and the law interpreted according to the plain meaning of its words. See Rubin v. United States, 449 U.S. 424, 430, 101 S.Ct. 698, 701, 66 L.Ed.2d 633 (1981); Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122, 202, 4 L.Ed. 529 (1819) (Marshall, Ch.J.). Only where doubt or ambiguity resides in a Congressional enactment — i.e., the legislature’s finished product — may legislative history and other tools of interpretation beyond a plain reading of the statute’s words be utilized to shed light on verbiage that is unclear. See, e.g., SEC v. Robert Collier & Co., 76 F.2d 939, 940-41 (2d Cir. 1935) (L. Hand, J.).
Commencing with the plain meaning, we observe that by its terms § 108(c) does not provide for tolling of any externally imposed time bars, such as those found in the two maritime statutes of limitations. The bankruptcy section only calls for applicable time deadlines to be extended for 30 days after notice of the termination of a bankruptcy stay, if any such deadline would have fallen on an earlier date. The reference in § 108(c)(1) to “suspension” of time limits clearly does not operate in itself to stop the running of a statute of limitations; rather, this language merely incorporates suspensions of deadlines that are expressly provided in other federal or state statutes.
Any ambiguity with respect to this “suspension” reference in § 108(c)(1) is cleared up by examining the provision’s legislative history. This history makes evident that § 108(c)(1) refers to only “special suspensions” that are found in non-bankruptcy provisions such as the Internal Revenue Code. 124 Cong.Rec. H11,109 (daily ed. Sept. 28, 1978); accord 2 Lawrence P. King, Collier on Bankruptcy ¶ 108.04 (15th ed. 1993); see also H.R.Rep. No. 595, 95th Cong., 1st Sess. 318, repainted in 1978 U.S.C.C.A.N. 5787, 6275.
Our reading of the plain language and legislative history is buttressed by examining how other courts have treated this section of the code. We note that in Grotting v. Hudson Shipbuilders, Inc., 85 B.R. 568, 569 (W.D.Wash.1988), the district court faced a question quite similar to the one presented here and flatly rejected a plaintiffs argument that the three-year time limit found in the Uniform Statute of Limitations for Maritime Torts, 46 U.S.C.App. § 763a, was tolled by 11 U.S.C. § 108(e). In so doing, the district court noted that if Congress had intended for § 108(c) to operate as a tolling provision it would have expressly provided for such a suspension of time limits, as it had in a predecessor to § 108. Id. at 570. The court reasoned that Congress did not plan for such tolling because tolling the limitations period would not comport with the fair administration and expeditious handling of a bankrupt’s estate: “parties have more certain knowledge of when claims will expire, and the potential claims period is not unduly extended because of the length — which may be great in complex cases — of the bankruptcy proceedings.” Id. Similarly, in In re Baird, 63 B.R. 60 (Bankr.W.D.Ky.1986), a bankruptcy court rejected an argument that § 108(c) by itself suspended a state statute of limitations because such suspension was not compatible with the legislative history of the Bankruptcy Code provision. Id. at 62.
Aslanidis argues for an alternative interpretation of § 108(c), citing for support our decision in In re Morton, 866 F.2d 561 (2d Cir.1989). Morton concerned the validity of a bank judgment lien on a bankruptcy debt- or’s residential property. The debtor argued that the lien — which had a ten-year life under New York State law — had expired while she was in bankruptcy. The bank raised several points to the contrary, including the argument that 11 U.S.C. § 108(c) preserved the lien beyond the 10-year period. We accepted the lienholder’s position and held “that § 108(c) ... tolls New York’s ten-year period until the automatic stay is terminated.” Id. at 565 (emphasis added).
Aslanidis contends that this and other similar language in Morton compels us to rule that § 108(e) operates to toll the maritime time bars and to reverse the district court’s grant of summary judgment. This proposition is more beguiling when initially encountered than it is after a longer acquaintance; that is, while at first glance our holding in Morton would seem on point, careful analysis[*1074] reveals it is not. In the first place, Morton only addresses what happens during the period when a bankruptcy stay is in effect, not the period after the stay has been terminated or otherwise removed, which is the situation in Aslanidis’ case. See id. at 566. Second, the plaintiff bank in Morton believed that it should have only 30 days after the stay was lifted to renew its lien; the bank did not contend, as appellant does here, for tolling beyond this 30-day grace period. See id. at 566 (“bank argues that [the ten-year time bar] was suspended ... so that, under subsection (2) of § 108(c) the bank will have SO days after the automatic stay is terminated to enforce its claim”) (emphasis added). Accordingly, the holding in Morton is inappo-site to the instant dispute, and Aslanidis may take no comfort from it.
Appellant also insists that McKinney v. Waterman S.S. Corp., 739 F.Supp. 678 (D.Mass.1990), aff'd, 925 F.2d 1 (1st Cir.1991), supports his view that § 108(c) tolls the statutes of limitations. Aslanidis points out that the district court in McKinney inferred that the time clock for beginning a maritime law suit was suspended while a defendant was in bankruptcy, and began running again only when the bankruptcy stay was lifted. See id. at 682. We decline to follow this decision. McKinney’s statements about tolling are dicta, for the court there actually held that whether or not the statute of limitations was suspended, the plaintiffs case was time barred because he had “overslept his rights after the stay was lifted.” Id. at 683.
Appellant next asserts the Jones Act, 46 U.S.C.App. § 688, and the Uniform Statute of Limitations for Maritime Torts, 46 U.S.C.App. § 763a, provide independent bases for suspending the normally applicable three-year limitations period while a debtor is in bankruptcy. He asserts these statutes are “special suspension” laws, referenced in 11 U.S.C. § 108(c)(1). To this end, Aslanidis notes that the Jones Act limitations period— which is borrowed from the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 56 (1988), see Engel v. Davenport, 271 U.S. 33, 38-39, 46 S.Ct. 410, 412, 70 L.Ed. 813 (1926) — has not been found “totally inflexible” but has instead been extended beyond three years where “a plaintiff has not slept on his rights but, rather, has been prevented from asserting them.” Burnett v. New York Cent. R.R. Co., 380 U.S. 424, 429, 85 S.Ct. 1050, 1055, 13 L.Ed.2d 941 (1965). Appellant insists such a time extension is warranted in the instant action because U.S. Lines’ bankruptcy stay prevented him from exercising his rights.
Although Aslanidis cites a number of cases brought under FELA and the Jones Act in which the statutes of limitations have been tolled, he points to no cases that suspend the applicable three-year statutory period during pendency of bankruptcy. Statutes of limitations are designed to ensure fairness to defendants and to prevent surprises brought about by the attempt to breathe life into causes that have lain dormant for so long that proof, witnesses and memories all, have disappeared. See Burnett, 380 U.S. at 428, 85 S.Ct. at 1054; Order of R.R. Tel. v. Railway Express Agency, 321 U.S. 342, 348-49, 64 S.Ct. 582, 586, 88 L.Ed. 788 (1944). As appellant notes, these policies must on occasion give way so as to permit vindication of a plaintiffs rights, and tolling may be appropriate where particular external forces beyond a claimant’s power to control disable plaintiff from suing. See, e.g., Glus v. Brooklyn Eastern Dist. Terminal, 359 U.S. 231, 235, 79 S.Ct. 760, 763, 3 L.Ed.2d 770 (1959); Osbourne v. United States, 164 F.2d 767, 768-69 (2d Cir.1947). But such a tolling rationale does not apply in the bankruptcy arena because plaintiffs have advance knowledge of when claims are to expire and may act to protect themselves. See In re Pettibone Corp., 110 B.R. 848, 855-57 (Bankr.N.D.Ill), aff'd sub nom. Pettibone Corp. v. Baker, 119 B.R. 603 (N.D.Ill.1990), rev’d and remanded on other grounds sub nom. Pettibone Corp. v. Easley, 935 F.2d 120 (7th Cir.1991); see also Easley v. Pettibone Mich. Corp., 990 F.2d 905, 912 & n. 6 (6th Cir.1993).
Such was the case here. Aslanidis was not caught off-guard when the 30-day limitations period began to run; rather, by applying to the bankruptcy court for a waiver of the stay, he himself set that clock ticking. It is thus[*1075] not correct for him to declare that he was “prevented” from exercising his rights. The current scenario, though an unfortunate one for plaintiff, provides no basis for tolling the applicable time limits.
Making one further point, Aslanidis maintains that equitable principles commend the tolling of the two three-year maritime statutes of limitations. He asserts these deadlines should be extended because he was misled by the actions of U.S. Lines and its insurer, and that those misrepresentations prevented him from suing defendants timely. Cf. Glus, 359 U.S. at 235, 79 S.Ct. at 763 (tolling the FELA time bar where defendant misled plaintiff about the time available within which to file suit). Yet, aside from rather vague and general references to appellee’s alleged misdeeds, Aslanidis has failed to advance any credible proof of wrongful actions on the part of this appellee or its insurance company. A party asserting equitable estop-pel must demonstrate that it is warranted, see McKinney v. Waterman S.S. Corp., 925 F.2d 1, 6 (1st Cir.1990); see also Larios v. Victory Carriers, Inc., 316 F.2d 63, 66-67 (2d Cir.1963) (Friendly, J.), and to avoid summary judgment on this issue must do more than show that some metaphysical doubt exists regarding the material facts. See Matsushita, 475 U.S. at 586, 106 S.Ct. at 1355. Since appellant failed to meet this standard, summary judgment to U.S. Lines was properly granted.
Ill Relation Back and Fed.R.Civ.P. 15(e)
We turn now to Aslanidis’ other appeal. On May 23,1988 Aslanidis timely sued Bran-déis New York, Union Carbide, and three “John Does.” Two years later, in May, 1990, he amended his complaint by naming Saman-eor, SACD, and Rennies as defendants in lieu of the “John Does.” It is conceded that by the time the amended complaint was filed and the new defendants were served, the three-year limitations period set out in Uniform Statute of Limitations for Maritime Torts had expired. Appellant contends in this second suit that the amended complaint naming the three South African parties was not barred by the statute of limitations because it relates back to the time of the original “John Doe” pleading.
It is familiar law that “John Doe” pleadings cannot be used to circumvent statutes of limitations, see Talbert v. Kelly, 799 F.2d 62, 66 n. 1 (3d Cir.1986); Wood v. Worachek, 618 F.2d 1225, 1229 (7th Cir.1980), because replacing a “John Doe” with a named party in effect constitutes a change in the party sued. See Varlack v. SWC Caribbean, Inc., 550 F.2d 171, 174 (3d Cir.1977); accord Britt v. Arvanitis, 590 F.2d 57, 60-62 (3d Cir.1978). Such an amendment may only be accomplished when all of the specifications of Fed.R.Civ.P. 15(c) are met. See Alexander v. Beech Aircraft Corp., 952 F.2d 1215, 1226-27 (10th Cir.1991); see also Juzwin v. Asbestos Corp., Ltd., 900 F.2d 686, 690 n. 4 (3d Cir.), cert. denied, 498 U.S. 896, 111 S.Ct. 246, 112 L.Ed.2d 204 (1990).
Rule 15(c), applicable at the time of the filing of the amended complaint, stated:
Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the party to be brought in by amendment that party (1) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party-
Fed.R.Civ.P. 15(c) (amended Dec. 1, 1991). In Schiavone v. Fortune, 477 U.S. 21, 106 S.Ct. 2379, 91 L.Ed.2d 18 (1986), the Supreme Court read this rule as establishing four requirements in order for an amended complaint to relate back to the original complaint. Each of the following conditions must be met: (1) the claim must have arisen out of conduct set out in the original pleading; (2) “the party to be brought in must have re[*1076]ceived such notice that it will not be prejudiced in maintaining its defense”; (3) that party should have known that, but for a mistake of identity, the original action would have been brought against it; and (4) the second and third criteria must have been fulfilled within the established limitations period. Id. at 29, 106 S.Ct. at 2384.
Changes in the wording of the rule — designed to avoid the outcome under Schia-vone — now provide a slightly revised standard for amendments. Under the revised rule an amended complaint relates back to the time of the original if the new party was aware of the action within 120 days of the filing of the original complaint. See Worthington v. Wilson, 790 F.Supp. 829, 833 (C.D.Ill.1992). As amended, Fed.E.Civ.P. 15(c) continues to retain the old Schiavone requirements that a new party (1) receive adequate notice of an action so as not to be prejudiced in maintaining a defense, and (2) knew or should have known that the action would have been brought against it earlier but for a mistake of identity. See 3 James W. Moore & Richard D. Freer, Moore’s Federal Practice ¶ 15.15[4.-2], at 161 (2d ed. 1993).
The district court properly applied the version of Rule 15(c) in effect during the relevant time period. It found Aslanidis had failed to fulfill the second and third factors of the Schiavone test, and appellant has presented no evidence that this determination was clearly erroneous. Under the second factor, Aslanidis has not shown that Saman-cor, SACD, and Rennies had received notice of the instant action prior to the service of process on them in June, 1990, well after the expiration of the limitations period. Nor has appellant demonstrated under the third factor that these parties knew that they were intended to be sued and would have been but for a mistake in their identity.
Aslanidis insists these defendants were aware of the phosphorus accident a few days after its occurrence. But accepting as true this hotly contested assertion does not save appellant’s claim, for Rule 15(c) and the Supreme Court’s test in Schiavone require notice of plaintiffs cause of action, not simply notice of the accident. See 6A Charles A. Wright et al., Federal Practice & Procedure § 1498, at 125 (2d ed. 1990); see also Honeycutt v. Long, 861 F.2d 1346, 1350-51 (5th Cir.1988) (looking to whether party had sufficient notice of federal law suit); Worachek, 618 F.2d at 1229-30 (same). And, even if the rule is interpreted to call for notice of the accident rather than the suit, Aslanidis has failed to satisfy the further requirement of the second Schiavone factor that the notice be such that the defendants will not be prejudiced in their ability to maintain a defense on the merits.
The alternative equitable tolling of the limitations period and equitable estoppel arguments appellant additionally included are of insufficient merit to warrant discussion. Thus, summary judgment was properly granted to SACD, Rennies, and Samancor, and there is therefore no need to determine whether the district court also correctly dismissed SACD and Rennies from this litigation due tó a lack of personal jurisdiction over them.
IV Responsibility of a Consignee
Aslanidis maintains finally it was error to hold that Brandéis New York, as the consignee of the phosphorus, was not liable to him as a matter of law. According to appellant, Brandéis New York was owner of the phosphorus when it caught fire because title and risk of loss to the goods had passed to it under the terms of the “cost-insurance-freight” (CIF) contract. As owner of the cargo, so appellant’s argument runs, Bran-déis New York became liable for all the damage and injuries caused by the combustion of the exposed drums.
Accepting as true this disputed contention that Brandéis New York held title to the goods at the time of the fire will not impose liability on it as the consignee. As-lanidis posits that Brandéis New York as the phosphorus owner should be liable, for example, under a theory of negligence. Yet, plaintiff points to no act or omission on the part of Brandéis New York that was negligent. The consignee had no involvement with the packaging of the 76 steel drums, and it had no contract with the entities that stowed the[*1077] goods. In such case, imposing liability on the purchaser of goods would be both unjustified and illogical. Cf. Rector v. General Motors Corp., 963 F.2d 144, 147 (6th Cir.1992) (finding consignee not liable because.it could not “reasonably be expected to know whether the goods were loaded in a safe or reasonable manner prior to shipping”).
Aslanidis asserts that liability may be imposed under the rationale employed in Poliskie Line Oceaniczne v. Hooker Chem. Corp., 499 F.Supp. 94 (S.D.N.Y.1980), which he refers to as a strikingly similar case. There, a container of sulphur diehloride belonging to Hooker Chemical leaked while on board a ship in the North Atlantic, resulting in injury to the ship’s crew and damage to the vessel. The district court held the chemical company liable for the damages caused by its negligent stowage of the chemical in the sea container. See id. at 102. Under these facts Poliskie is quite distinguishable. Hooker Chemical, unlike Brandéis New York, was the party actually responsible for the shipping and packaging of the container and was found liable for its own acts and omissions. Poliskie thus cannot stand for the proposition advanced by Aslanidis: that a consignee, by virtue of that status alone, is responsible for injuries and damages caused by a third party’s mishandling of goods. In fact, the consignee of the sulphur dioxide — who stood in the same position as Brandéis New York does here — was not named as a defendant in Poliskie.
More analogous to the case at hand is Di Gregorio v. N.V. Stoomvaart Maatschappij “Nederland”, 411 F.Supp. 331, 335 (S.D.N.Y.1975), aff'd, 531 F.2d 1143 (2d Cir.1976) (per curiam), in which the district court overturned the jury’s finding of negligence on the part of the GTE Company. GTE had purchased four crates of antennas and mountings from Ainslie Antenna Co., Ltd. of Montreal and was shipping them to a purchaser in Saudi Arabia. While the crates were being loaded on a vessel in Brooklyn, New York, the top of one of the crates collapsed, injuring a longshoreman. The district court thought Ainslie was properly found negligent in its packaging of the antennas but determined that such negligence could not be attributed to GTE because “[a] buyer normally has no duty under the law to supervise the seller in the process of producing or packing the purchased goods.” Id. at 335. As a consequence, the trial court decided — and we agreed — that imposing liability on GTE would be an inappropriate “interference with normal and sound commercial practice.” Id. at 335. This reasoning applies here. Hence, ’ summary judgment was properly granted to Brandéis New York.
Aslanidis has raised additional arguments seeking to hold Brandéis New York liable on theories of strict liability and breach of warranty. As these points were not raised in the trial court they come too late for our consideration since a party opposing summary disposition of a case must raise all arguments against such remedy in the trial court and may not raise them for the first time on appeal. See Liberles v. County of Cook, 709 F.2d 1122, 1126 (7th Cir.1983); see also Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 2877, 49 L.Ed.2d 826 (1976).
CONCLUSION
We have considered all the other arguments raised by the parties and find discussion unnecessary because they are without merit. Accordingly, for the reasons stated the October 20, 1992 judgments of the district court in each case are affirmed.