Civil Procedure Keyed to Silberman
Semtek International, Inc. v. Lockheed Martin Corp.
CaseCast™ – "What you need to know"
Semtek Intl. Inc. (Semtek) (plaintiff) sued Lockheed Martin Corp. (Lockheed) (defendant) in California state court for several breaches of the agreement and business tort claims. The case was removed on the premise of diversity citizenship to federal court, and Lockheed moved for dismissal on the premise that Semtek's cases were barred by California's two-year statute of limitations. At the point when the court dismissed the case on its merits, Semtek refiled the suit in the state circuit court for Baltimore, Maryland, under which the case would have been liable to a three-year statute of limitations. The court dismissed the case, nonetheless, because dismissal of the case on its merits in federal court prevented the case from being brought up in state court.
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