United States Seventh Circuit

Although Indiana's statute of limitations and discovery rule govern plaintiffs' claims originally brought in New Jersey, the district court inappropriately entered summary judgment for defendant based on the statute of limitations defense, where plaintiffs were not alerted to a reasonable possibility or probability that drug manufactured by the defendant may have induced plaintiff's stroke, thus triggering the statute of limitations period, prior to 1994.

Appellate Information

• Decided 04/29/2002
• Published 04/29/2002

Judges

• RIPPLE, Circuit Judge., Before POSNER, RIPPLE and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Gary Becker, Louisville, KY, Ellen Relkin (argued), Weitz & Luxenberg, New York City, for Plaintiffs-Appellants.


• For Appellees:
  
• Joe G. Hollingsworth, Kirby Griffis (argued), Spriggs & Hollingsworth, Washington, DC, F. Joseph Jaskowiak, Hoeppner, Wagner & Evans, Merrillville, IN, for Defendant-Appellee.