Justia Class Action Opinion SummariesArticles Posted in Virginia Supreme Court
Casey v. Merck & Co., Inc.
A putative class action was filed in the U.S. District Court. The representative plaintiffs in the class action asserted claims of strict liability, negligence and medical monitoring against Merck & Co., Inc. Class certification was eventually denied, and the class action was dismissed. Prior to the dismissal of the putative class action, four Virginia residents filed individual state law actions against Merck in the southern district of New York, asserting federal diversity jurisdiction. The district court granted Merck's motion for summary judgment, finding that the plaintiffs' actions were untimely under Virginia's two-year statute of limitations for personal injuries, and the pendency of the putative class action did not toll Virginia's limitations period for the four plaintiffs' state law claims. The plaintiffs appealed to the U.S. Court of Appeals, and the Virginia Supreme Court accepted certification to determine questions of state law. The Court held that Virginia law recognizes neither equitable nor statutory tolling of a Virginia statute of limitations for unnamed putative class members due to the pendency of a putative class action in another jurisdiction. View "Casey v. Merck & Co., Inc." on Justia Law