Ga. Plaintiff Told to Replead Tolling Argument in Suit Over Knee Implant

MACON, Ga. - A federal court has denied remand after a Georgia plaintiff acknowledged that she failed to state a viable claim against an in-state defendant, but ordered the plaintiff to recast her tolling arguments against the remaining manufacturer defendant to avoid judgment on statute of limitations grounds. Van v. Encore Medical GP, Inc., et al., No. 5:11-cv-321 (M.D. Ga.).

Judge Marc T. Treadwell of the U.S. District Court for the Middle District of Georgia denied Encore Medical GP Inc.'s motion for judgment on the pleadings questioned whether there was sufficient basis for plaintiff Lorna Van's tolling argument.

Van contends …