United States Ninth Circuit

In an action alleging defendant, a non-profit consumer safety group, negligently misrepresented and fraudulently concealed that defective in-wall heaters were safe, grant of defendant's motion to dismiss and motion for judgment on the pleadings is affirmed where the district court properly dismissed negligent misrepresentation and fraudulent concealment claims as barred by the statutes of limitations, and did not abuse its discretion in dismissing the claims without leave to amend.

Appellate Information

• Argued 02/16/2007
• Decided 04/15/2008
• Published 04/15/2008

Judges

• RAWLINSON, Circuit Judge:, Before:  RONALD M. GOULD and JOHNNIE B. RAWLINSON, Circuit Judges, and ALFRED V. COVELLO, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James O. Devereaux (argued), and Jan A. Kopczynski, Berding & Weil LLP, Alamo, CA, for Appellant Platt Electrical Supply, Inc.


• For Appellees:
  
• Michael J. Abernathy (argued), and Christopher I. Cedillo, Bell, Boyd & Lloyd LLC, Chicago, IL, for Appellee Underwriters Laboratories, Inc.