Segal McCambridge Attorneys Convince Federal Court to Apply Standard Set by Indiana Court of Appeals Which is Contrary to Established Federal Precedent


December 19, 2007

Segal McCambridge attorneys, Jonathan Lively and Jeffrey Singer, represented a pharmaceutical manufacturer sued under the Indiana Product Liability Act. The Indiana Product Liability Act contains a two year limitations period for the filing of a lawsuit. Plaintiff moved for leave to file an amended complaint in order to add new defendants the day before the two year limitations period expired. Three weeks after the limitations period expired, the Court granted Plaintiff leave to amend and the new Defendants were served. The newly added Defendants moved for dismissal asserting that: 1) state tolling rules announced by the Indiana Court of Appeals prevailed over previously established federal precedent; 2) that under those tolling rules the filing of a motion to amend did not toll the limitations period; and 3) the limitations period barred the claim. Judge Springmann agreed with Defendants and dismissed them from the matter.