Tag Archives: Statute of Limitations

The Unique Federal Sexual Abuse Claim In The Kevin Clash (Elmo’s Voice) Lawsuit

My children are young enough that Elmo’s voice still carries considerable weight in our home, and so I was disheartened to hear last week’s allegations that Kevin Clash, Elmo’s creator and voice, had a sexual relationship with a teenager. The alleged victim recanted — perhaps in exchange for a settlement, the reports I’ve seen have been unclear — but the issue resurfaced yesterday with the filing of a lawsuit against Kevin Clash in New York by a second alleged victim. The New York Times has a copy of the complaint; the new alleged victim, now 24 years old, claims Clash ... Continue Reading

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When Should The Statute Of Limitations Run For Medication Lawsuits?

Last week, our firm blog posted a short note about how Actos patients with bladder cancer in Kentucky, Louisiana, and Tennessee should move quickly to file because those states have a one-year statute of limitations for personal injury actions. We (and a whole bunch of other lawyers) assume that Takeda Pharmaceuticals will argue that the statute of limitations began to run on June 15, 2011, when the FDA issued an updated warning that one year of Actos use increases the risk of bladder cancer by more than 40%. As if on cue, the next day Pfizer moved for summary judgment on a whole swatch of consolidated Chantix ... Continue Reading

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New Jersey Supreme Court Re-affirms Discovery Rule For Statute of Limitations in Pharmaceutical Negligence Lawsuits

Some of the largest drug companies in the United States are based in, of have their U.S. headquarters in, New Jersey — e.g., Johnson & Johnson is in New Brunswick, Merck is in Whitehouse Station, Roche is in Nutley, Barr (now owned by Teva) is in Montvale, Sanofi is in Bridgewater — and so New Jersey state courts are home to a huge volume of pharmaceutical injury litigation. There's so many Accutane (Roche) and Fosamax (Merck) cases they're deemed a mass tort, and there's a good chance that Propecia (Merck) might end up as one, too. Same goes with a large number of ... Continue Reading

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Do Lawyers Defending The Catholic Church Live On Another Planet?

As I've mentioned before, I think the motivations that compel lawyers to deny reality while defending some clients are varied and complex, but it cannot be denied that, in many cases, the defense is premised not on providing explanations or raising genuine doubts, but on burying the truth. Lest we forget what brought us to the ongoing criminal trial of Monsignor William Lynn, here is how the grand jury report against him begins: In September 2003, a grand jury of local citizens released a report detailing a sad history of sexual abuse by priests of the Archdiocese of Philadelphia. That ... Continue Reading

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Sandusky Civil Law Update: Insurance, New Lawsuit, and the Preliminary Hearing

My post on the potential civil lawsuits arising from the Jerry Sandusky molestation scandal at PSU still generates a fair amount of traffic, mostly from people looking for updates on the latest legal developments. If the internet asks, it shall receive. There have been four major developments relating to the case: A preliminary hearing for the criminal charges against Tim Curley and Gary Schultz; The filing of another civil lawsuit against Sandusky, Penn State, and The Second Mile; The filing of a declaratory judgment action by Federal Insurance Company of New Jersey, the insurance company for The Second Mile, to obtain a ... Continue Reading

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Can Sandusky’s Sexual Abuse Victims Sue Penn State?

[UPDATE, July 12, 2012: The independent report by Louis Freeh's law firm has been released. It is damning, to say the least, concluding there was a "total and consistent disregard by the most senior leaders at Penn State for the safety and welfare of Sandusky's child victims." Blame is rightfully heaped upon Paterno, Spanier, Curley, and Schultz.] [UPDATE, June 22, 2012: Jerry Sandusky was convicted on almost all counts. Reuters quoted me talking about the effect of the prosecution and conviction on the civil lawsuits pre-verdict here and post-verdict here. Short version: Penn State, as I had hoped, is signaling their ... Continue Reading

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