United States Second Circuit

In litigation involving product liability claims for injuries allegedly caused by a prescription drug manufactured by the defendant, the district court's grant of summary judgment in favor of the defendant is affirmed, where the plaintiffs' actions were untimely under Virginia's two-year statute of limitations for personal injury actions, since the Supreme Court of Virginia determined that: 1) there is no authority in Virginia jurisprudence for the equitable tolling of a statute of limitations based upon the pendency of a putative class action in another jurisdiction; and 2) Va. Code Ann. section 8.01-229(E)(1) does not toll the statute of limitations for unnamed putative class members due to the pendency of a putative class action in another jurisdiction.

Appellate Information

• Decided 05/01/2012
• Published 05/01/2012

Judges

• Lohier

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Timothy M. O’Brien, Norman C. Kleinberg