METCALF

v.

CALIFORNIA

Citator

Cited By (27 total)

• Martino v. Fla. Ins. Guar. Ass'n, 383 So. 2d 942 (Fla. 3d DCA 1980)
  …r, judgment as it participated in that proceeding after Southern American Fire Insurance Company had been declared an “insolvent insurer.” See Kline v. Heyman, 309 So. 2d 242 (Fla. 2d DCA 1975), cert. denied, 317 So. 2d 767 (Fla.1975), cert. denied, 423 U.S. 1034, 96 S.Ct. 567, 46 L.Ed.2d 408 (1975). Furthermore a judgment by default is as conclusive on rights of parties as a judgment on the merits. Perez v. Rodriguez, 349 So. 2d 826 (Fla. 3d DCA 1977); Sottile v. Gaines Construction Company, 281 So. 2d 558…
• Rodriguez v. Ritchey, 556 F.2d 1185 (5th Cir. 1977)
  …(cause of action stated under the Constitution); Illinois v. Milwaukee, 406 U.S. 91, 92 S.Ct. 1385, 31 L.Ed.2d 712 (1972) (cause of action stated under federal common law). See generally Nolan v. Meyer, 520 F. 2d 1276, 1278 (2d Cir.), cert. denied, 423 U.S. 1034, 96 S.Ct. 567, 46 L.Ed.2d 408 (1975). . The only two provisions which arguably have relevance are the Civil Rights Act of 1871, 42 U.S.C. § 1983 (1970) and the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq. (1970). Section 1983, however,…
• Fernandez v. Chardon, 681 F.2d 42 (1st Cir. 1982)
  …not generally applicable. Johnson v. Railway Express Agency, Inc., 421 U.S. at 466-67, 95 S.Ct. at 1723. But see Morton v. Charles County Bd. of Educ., 373 F.Supp. 394, 396 (D.Md.1974), aff’d on other grounds, 520 F. 2d 871 (4th Cir.), cert. denied, 423 U.S. 1034, 96 S.Ct. 566, 46 L.Ed.2d 408 (1975) (under American Pipe, § 1983 class action tolled limitations period for all class members). In the instant case, though, there is no discernible state rule. Moreover, Puerto Rico has modeled its class action proc…