STORY FROM: Drugs & Medical Devices

Discovery Rule Tolls Limitations Period, Calif. Judge Rules in 6 Essure Actions

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 ...

Associated Law Firms
Gibbs Law Group
Grant & Eisenhofer
Motley Rice
Sidley Austin

Associated Documents

Registered User Login