6th Circuit Revives Dow Silicone Breast Implant Case, Remands Action to N.C.

CINCINNATI — A lawsuit’s change of venue pursuant to federal bankruptcy law should have no impact upon which state’s law governs the case, an appellate court has ruled, reinstating a Dow Corning silicone breast implant case that had been dismissed as untimely.

On Feb. 20, a panel majority of the 6th Circuit U.S. Court of Appeals ruled on an issue of first impression, holding that the district court erred in applying Michigan’s statute of limitations to the action, explaining that the North Carolina statute of limitations should have been applied because the case was originally filed in that state.

In …