Diet Drug Plaintiff's Message Board Postings Cited in Statute of Limitations Dispute
December 28, 2004
DOCUMENTS
- Opinion
PHILADELPHIA - A federal judge has denied a Florida plaintiff's petition for remand of his diet drug lawsuit in part because the claims against a local physician were untimely. The judge deposition testimony and Internet message postings that contradicted the man's contention that he didn't know he had a potential cause of action against the physician within the relevant two-year limitations period. In re: Diet Drugs Liability Litigation, No. MDL 1203 [Rubin v. American home Products Corp., No. 03-20370] (E.D. Pa.).
Judge Harvey Bartle of the U.S. District Court for the Eastern District of Pennsylvania denied Scott Rubin's motion to …
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