Casey, et al. v. Merck & Co., Inc., No. 10-1137 (2d Cir. 2011)Annotate this Case
Plaintiffs in these four cases appealed from a judgment of the district court granting summary judgment in favor of defendant and dismissing their product liability claims for injuries allegedly caused by defendant's prescription drug, Fosamax. Plaintiffs appealed the district court's decision concluding that their product liability claims, brought under Virginia law, were not tolled by the pendency of a putative federal class action that raised identical claims and dismissing plaintiffs' claims as time-barred. The court held that the availability of "cross jurisdictional tolling" in this context raised questions of Virginia law that were appropriately certified to the Supreme Court of Virginia.
The court issued a subsequent related opinion or order on May 1, 2012.