United States Second Circuit

In a personal injury action alleging injuries resulting from the ingestion of the drug ephedra, the Second Circuit certified the following questions to the New York Court of Appeals: 1) Are the provisions of N.Y. C.P.L.R. section 214-c(4) providing for an extension of the statute of limitations in certain circumstances limited to actions for injuries caused by the latent effects of exposure to a substance? 2) Can an injury that occurs within 24 to 48 hours of exposure to a substance be considered "latent" for these purposes? 3) What standards should be applied to determine whether a genuine issue of material fact exists for resolution by a trier of fact as to whether "technical, scientific or medical knowledge and information sufficient to ascertain the cause of [the plaintiff's] injury" was "discovered, identified or determined" for N.Y. C.P.L.R. section 214-c(4) purposes?

Appellate Information

• Argued 11/08/2007
• Decided 03/17/2010
• Published 03/17/2010

Judges

• SACK, Circuit Judge:, Before McLAUGHLIN, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Brian J. Isaac, Pollack, Pollack, Isaac & De Cicco, for Sanders, Sanders, Block & Woycik, P.C. (Joseph B. Viener, of counsel), New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Andrew Zajac, Fiedelman & McGaw, Jericho, NY, for Defendant-Appellee Market America, Inc., Edward J. Stolarski, Jr., Wilbraham, Lawler & Buba, Philadelphia, PA, for Defendant-Appellee The Chemins Company, Inc.