Statute of Limitations Not Tolled by Pendency of Action in Another Jurisdiction, Va. High Court Rules

NEW YORK - Under Virginia law, the statute of limitations for unnamed putative class members is not tolled by the pendency of a putative class action in another jurisdiction, the Virginia Supreme Court has ruled. Casey v. Merck & Co., No. 111438 (Va. Sup. Ct.).

In a March 2 opinion authored by Justice S. Bernard Goodwyn, the court explained that under Virginia law, a class representative who files a putative class action is not recognized as having standing to sue in a representative capacity on behalf of the unnamed members of the putative class. Therefore, the plaintiffs in the two …