STORY FROM: Drugs & Medical Devices
Discovery Rule Tolls Limitations Period, Calif. Judge Rules in 6 Essure Actions
August 9, 2016
OAKLAND, Calif. — Claims asserted in six of 11 Essure actions pending in California state court are not time-barred because the plaintiffs have adequately alleged that they were unable to discover their causes of action earlier than September 2015, a state judge has ruled.
In an Aug. 1 order, Judge Winifred Smith of the Alameda County Superior Court concluded that the discovery rule tolls the limitations period.
And in a separate order, the judge refused to dismiss or stay four of the actions on the basis of forum non conveniens, finding defendants failed to show that California is an ...
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