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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

Category Archives: Statutes of Limitation

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“Statute of Limitations in the Context of Prescription Drug Addiction: Case Dismissed in Northern District of New York”

Posted in Statutes of Limitation
“Statute of Limitations in the Context of Prescription Drug Addiction: Case Dismissed in Northern District of New York.” That’s the very apt title of yet another informative and fun to read article from the authors at Drug & Device Law; this one dated August 21, 2018.  As the article explains in detail, new issues are… Continue Reading

Perhaps “American Pipe” Will Survive, After All?

Posted in Class Actions, Statutes of Limitation, Uncategorized
Judging by oral argument questions at SCOTUS, one legal analyst suggests the American Pipe tolling doctrine seems likely to live on to toll statutes of limitation, as opposed to statutes of repose. See Ronald Mann, Argument analysis: Justices dubious about limiting precedent that tolls statutes of limitations to permit “stacked” class actions, SCOTUSblog (Mar. 27, 2018, 10:52 AM), http://www.scotusblog.com/2018/03/argument-analysis-justices-dubious-limiting-precedent-tolls-statutes-limitations-permit-stacked-class-actions/… Continue Reading

“American Pipe” Tolling Takes a Hit at SCOTUS; Consequences to be Determined

Posted in Litigation Industry, Mass Tort Issues, Statutes of Limitation
Late in June, SCOTUS knocked out “American Pipe” equitable tolling in a securities case, as explained in a June 27,  2017 post at Faegre Baker Daniels. This is a typical 5-4 Roberts court “bright line” ruling based on the literal language of the statute, with the usual justices on the usual side of the ruling.… Continue Reading

Science and Law Intersections: When Did Injuries Accrue and Become Known or Knowable – the NHL Concussion Claims

Posted in Mass Tort Issues, Science, Statutes of Limitation
The intersections between law and science continue to increase as more issues turn on when and how injury is defined and the light science can (or can not) shed on the questions. The point is illustrated by the latest ruling in the NHL concussion litigation (online here). There, the court rejected some reasoning from football… Continue Reading

IIllinois’ Statute of Repose Is Gone for Premises Claims, Subject to Litigation Challenges

Posted in Asbestos, Litigation Industry, Statutes of Limitation
As expected, outgoing Governor Quinn of Illinois has signed a bill ending Illinois’ 10 year statute of repose for “premises” asbestos claims. The back story is here, and is part of a larger story of changes in Illinois law relevant to trying mass tort lawsuits in Illinois. Another key change is that Illinois will now… Continue Reading

When Should Suit Be Filed by a Potential Pharma Plaintiff?

Posted in Litigation Industry, Mass Tort Issues, Statutes of Limitation
The yin and yang of litigation creates interesting alternatoives. Today, we hear some on the defense side complain bitterly that “meritless” lawsuits are awful and that more investigation should be required before any suit is filed. Consider, for example, any med mal statute that requires  a series of pre-suit steps. On the flip side, I… Continue Reading