Opinion · Court of Appeals for the Ninth Circuit
Bibeau v. Pacific Northwest Research Foundation Inc.
Bibeau v. Pac. Nw. Rsch. Found. Inc., 208 F.3d 831 (9th Cir. 2000)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 2000-04-12
- Topic
- bankruptcy
How later courts describe this case
- explaining that the “twist” of the discovery rule is that it requires “[t]he plaintiff [to] be diligent in discovering the critical facts,” i.e., “that he has been hurt and who has inflicted the injury” (citation omitted)
- explaining that the 16 “twist” of the discovery rule is that it requires “[t]he plaintiff [to] be diligent in 17 discovering the critical facts,” i.e., “that he has been hurt and who has inflicted the 18 injury” (citation omitted)
- applying discovery rule in an Eighth Amendment action involving experimental testicular irradiation experiments in prison
- applying discovery rule in an Eighth Amendment action involving experimental testicular 13 irradiation experiments in prison, brought years after the experiments ended
- applying discovery rule in an Eighth Amendment action involving experimental testicular 10 irradiation experiments in prison, brought years after the experiments ended
- applying discovery rule to state law personal injury statute of limitation under § 1983 where the statute begins to run “once a plaintiff has knowledge of the ‘critical facts’ of his injury, which are ‘that he has been hurt and who has inflicted the injury.’ ”
- “[A]n interlocutory appeal will not lie 19 . . . if the district court determines that there are genuine issues of fact involved.”
- “[T]he statute only begins to run once a plaintiff has knowledge of the ‘critical facts’ of his injury, which are that he has been hurt and who has inflicted the 10 injury.” (emphasis added)
Citator
UpLaw has not yet analyzed Bibeau v. Pacific Northwest Research Foundation Inc.. The absence of a flag is not a finding that it is good law.
- Cited by
- 23 opinions
208 F.3d 831 (9th Cir. 2000)
HAROLD BIBEAU; MELANIE ANN DOOYEN BIBEAU, on their own and as Representatives of Classes of Similarly Situated Persons, Plaintiffs-Appellants,
v.
PACIFIC NORTHWEST RESEARCH FOUNDATION INCORPORATED, a Washington corporation; BATTELLE PACIFIC NORTHWEST LABORATORIES; BATTELLE MEMORIAL INSTITUTE, INCORPORATED, an Ohio Corporation; MAVIS ROWLEY; DANIEL DIIACONI, Doctor in his Individual and Former Official Capacity; FERNANDO LEON, Doctor in his Individual and Former Official Capacity; ROBERT E. WILDMAN, in His Individual and Former Official Capacity; JOHN RANDOLPH TOTTER, in His
Individual and Former Official Capacity; JAMES LESLIE LIVERMAN, in His Individual and Former Official Capacity; UNITED STATES OF AMERICA, Defendants-Appellees.
No. 97-35825
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
April 12, 2001
Before: WALLACE and KOZINSKI, Circuit Judges, and EZRA,* District Judge.
Prior Report: 188 F.3d 1105.
ORDER
The petition for rehearing is denied.
The third sentence of Footnote 1 of the opinion filed on August 19, 1999 is amended to read as follows:
"We do not address whether this or any other harm Bibeau claims to have suffered amounts to a cognizable injury under Bibeau's various state and federal law theories."
Notes:
The Honorable David Alan Ezra, United States District Judge for the District of Hawaii, sitting by designation.