United States Ninth Circuit
Oltman v. Holland Am. Line, Inc., 07-35135
In an action alleging that plaintiffs both contracted a serious gastrointestinal illness on a cruise ship operated by defendants, summary judgment for defendants is reversed where a contractual one-year limitations period should have been equitably tolled based on plaintiffs' timely filing of a state court action and their prompt filing in federal court after the state action was dismissed based on a forum selection clause.
Appellate Information
- Argued 07/09/2008
- Decided 08/19/2008
- Published 08/19/2008
Judges
- CLIFTON, Circuit Judge:, Before: RICHARD R. CLIFTON and N. RANDY SMITH, Circuit Judges, and BRIAN SANDOVAL, District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Noah C. Davis (argued), In Pacta, PLLC, Seattle, WA, for the plaintiffs-appellants.
- For Appellees:
- John P. Hayes (argued) and Paul S. Smith, Forsberg & Umlauf, P.S., Seattle, WA, for the defendants-appellees.