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Miller v. American Heavy Lift Shipping

231 F.3d 242 (2000)

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Miller v. American Heavy Lift Shipping

United States Court of Appeals for the Sixth Circuit
231 F.3d 242 (2000)

RW

Facts

Creighton Miller (plaintiff) administered the estates of five deceased seamen who had worked for American Heavy Lift Shipping and other shippers (defendants). Miller filed federal wrongful-death claims against the shippers, alleging that the seamen died from diseases contracted as the result of the shippers’ negligence in exposing the seamen to workplace asbestos and other hazardous substances. Five years later, Miller filed amended pleadings alleging that the seamen died as the result of their exposure to benzene and other hazardous substances. The district court granted the shippers’ motion to strike Miller’s amended pleadings as time-barred under the relevant statute’s three-year statute of limitations. The court rejected Miller’s contention that the amended pleadings related back to the original pleadings. Miller appealed to the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Cole, J.)

Dissent (Guy, J.)

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