Delaware Trial Court Adopts Cross-Jurisdictional Tolling Rule in Pesticide Suit

WILMINGTON, Del. — A Delaware trial court has held that the state’s two-year statute of limitations for personal injury actions was tolled until a Texas court ruled on class certification in a parallel case dating to 1993. Blanco v. AMVAC Chemical Corp., et al., No. N11C-07-149-JOH (Del. Super. Ct., New Castle Cty.).

Ruling on an issue of first impression, Delaware Superior Court Judge Jerome O. Herlihy ruled that Delaware courts can toll a statute of limitations because of a pending action in another jurisdiction, just as they would when the parallel action is within the state court’s jurisdiction.

The plaintiff …