2nd Circuit Certifies Tolling Question to Virginia High Court

NEW YORK - The 2nd Circuit U.S. Court of Appeals has certified to the Virginia Supreme Court the question of whether Virginia law allows tolling of the state's statute of limitations where a class action is pending in another jurisdiction. Casey v. Merck & Co., Nos. 10-1137, 10-1196, 10-1150 and 10-1149.

The appellate court certified the following questions to the Virginia Supreme Court: "Does Virginia law permit equitable tolling of a state statute of limitations due to the pendency of a putative class action in another jurisdiction?" and "Does Va.Code Ann. § 8.01-229(E)(1) permit tolling of a state statute of …