Davis v. United Automobile, Aerospace & Agricultural Implement Workers
Cases that cite this one
159 later published cases cite this decision. The 23 that cite it most often are listed here.
- Hester v. International Union of Operating Engineers (11th Cir. 1987)
- Ronald B. Paul v. Farmland Industries, Inc. (8th Cir. 1994)
- In re Exide Technologies (3d Cir. 2010)
- C. Thomas Ryther v. Kare 11, an Nbc Affiliate Gannett Co., Inc. (8th Cir. 1996)
- Aromatique, Inc., Appellee/cross-Appellant v. Gold Seal, Inc., and Darrell Bufford, Appellants/cross-Appellees (8th Cir. 1994)
- Wanda Hastings v. Boston Mutual Life Insurance Company (8th Cir. 1992)
- Lawson v. Lawson (In re Lawson) (United States Bankruptcy Court, E.D. Virginia 1992)
- Joe Nelson and Margaret Nelson v. Production Credit Association of the Midlands (8th Cir. 1991)
- Ervin Cole, Jr. v. Control Data Corporation (8th Cir. 1991)
- Otto Preminger Films, Ltd. v. Qintex Entertainment, Inc. (In re Qintex Entertainment, Inc.) (9th Cir. 1991)
- Western Fireproofing Co. v. W.R. Grace & Company (8th Cir. 1990)
- Smith v. ADM Feed Corp. (Iowa 1990)
- Edward C. Hester v. International Union of Operating Engineers (11th Cir. 1989)
- Adella D. Gray v. University of Arkansas at Fayetteville and the Board of Trustees of the University of Arkansas (8th Cir. 1989)
- Pruitt v. United Brotherhood of Carpenters & Joiners of America (United States District Court for the Northern District of Georgia 1987)
- Washburn v. Kansas City Life Insurance (8th Cir. 1987)
- James L. Williams v. ryder/p.i.e. Nationwide, Inc. (8th Cir. 1986)
- Reed v. United Transportation Union (District Court, W.D. North Carolina 1986)
- In re Byers (United States Bankruptcy Court, S.D. Ohio 2014)
- In re American Suzuki Motor Corp. (United States Bankruptcy Court, C.D. California 2013)
- Da Silva Moore v. Publicis Groupe & MSL Group (District Court, S.D. New York 2012)
- Szilagyi Ex Rel. Lakewood Engineering & Manufacturing Co. v. Chicago American Manufacturing, LLC (In re Lakewood Engineering & Manufacturing Co.) (United States Bankruptcy Court, N.D. Illinois 2011)
- In re Philadelphia Newspapers, LLC (United States Bankruptcy Court, E.D. Pennsylvania 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Dissenting Opinion
dissenting.
The question presented is what statute of limitations to borrow in this suit against a union for an alleged violation of a former member’s rights under §101 of the Labor-Management Reporting and Disclosure Act, 29 U. S. C. § 411. The United States Court of Appeals for the Eleventh Circuit held that in light of DelCostello v. Teamsters, 462 U. S. 151 (1983), the appropriate source from which to borrow a limitations period is not state law but § 10(b) of the National Labor Relations Act, 29 U. S. C. § 160(b). 765 F. 2d 1510 (1985). Although not without support in other Circuits, see, e. g., Local Union 1397 v. United Steelworkers of America, AFL-CIO, 748 F. 2d 180 (CA3 1984), the Eleventh Circuit’s decision in this case conflicts with Doty v. Sewall, 784 F. 2d 1 (CA1 1986). Doty explicitly rejects the analysis of this case and Local Union 1397, supra, and holds that the usual practice of borrowing statutes of limitations from state law should be followed in a suit like this one. I would grant certiorari to resolve this conflict.
Opinion of the Court
C. A. 11th Cir. Certiorari denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.