STORY FROM: Benzene & Emerging Toxic Torts Litigation

N.Y. Federal Court Says State Would Recognize Cross-Jurisdictional Tolling in Pesticide Action; Certifies Question to 2nd Circuit

NEW YORK –– A New York federal court has concluded that the state would recognize cross-jurisdictional tolling in a pesticide action, rejecting defense concerns that an out-of-state plaintiff would have a special incentive to bring his or her claims in New York, “absent a sound factual basis for suing here.”

In a Jan. 10 order, the U.S. District Court for the Southern District of New York certified its order for appeal to the 2nd Circuit, noting that its opinion is “only a prediction,” and “one subject to forceful counterargument not only by [the defendant], but also by the Court’s colleagues ...

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