We just read Scharff v. Wyeth, 2011 U.S. Dist. Lexis 85132 (M.D. Ala. Aug. 2, 2011). Substantively, it’s all about the application of the statute of limitations, and we don’t usually blog about statute of limitations issues (except class action tolling, which Scharff did not address) due to their fact-bound and state-specific nature.
In that respect, however, we do note the interesting, albeit quite arcane, discussion of choice of law where a case is dismissed in an MDL and refilled in another jurisdiction. That might be worthy of an MDL practice post some day ... but not today.
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