5th Cir. Says Plaintiff Can't Dismiss Case to Avoid Statute of Repose

NEW ORLEANS - A federal appeals court has reinstated a Texas man's Accutane suit after determining that defendant Hoffmann-La Roche was prejudiced by the court's failure to weigh in on a Roche motion for summary judgment ahead of the plaintiff's successful bid to have the case voluntarily dismissed. Hyde v. Hoffmann-La Roche Inc., et al., No. 05-10203 (5th Cir.).

The Fifth Circuit U.S. Court of Appeals said in a Dec. 20 decision that the voluntary dismissal without prejudice potentially stripped Roche of its statute of repose defense to the Texas case that was eventually re-filed in New Jersey.

George Hyde …