Rodriquez v. Union Carbide Corp.
Rodriquez v. Union Carbide Corp.
Opinion of the Court
Plaintiff appeals from the district court’s grant of summary judgment in this action, finding it barred by the six-month statute of limitations set forth in DelCostello v. Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983).
The action was removed to federal court in 1981. This court has previously held that DelCostello does not apply retroactively. Barina v. Gulf Trading and Transportation Co., 726 F.2d 560 (9th Cir. 1984);
We reverse and remand for a determination on the merits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.