Statute of Limitations Not Tolled by Pendency of Putative Class Action, 2nd Cir. Affirms

NEW YORK - Under Virginia law, the two-year statute of limitations for personal injury actions is not tolled by the pendency of a putative class action in another jurisdiction, the 2nd Circuit U.S. Court of Appeals has affirmed. Casey v. Merck & Co., Nos. 10-1137, 10-1196, 10-1150 and 10-1149 (2nd Cir.).

On May 1, the appellate court noted that the Virginia Supreme Court has held that a class representative who files a putative class action does not have standing to sue on behalf of the unnamed members of the putative class. Therefore, the plaintiffs in the two putative class actions …