Navigation Links
Minnesota Supreme Court Confirms that Minnesota's Statutes of Limitations Govern Out-of-State Claims
Date:9/5/2009

On September 2, 2009, the Minnesota Supreme Court held that Minnesota’s statute of limitations would govern all personal injury claims properly brought in Minnesota courts. In Fleeger v. Wyeth (A08-2124), the federal district court in Little Rock, Arkansas presiding over the hormone therapy MDL proceedings certified a question to the Minnesota Supreme Court as to whether Minnesota’s statutes of limitations would govern the claims of out-of-state plaintiffs who sued out-of-state defendants for claims that accrued elsewhere. Erik Walker, an attorney at Hissey Kientz, LLP in Austin, Texas, principally authored the brief and argued the case for the plaintiff.

(Vocus) September 5, 2009 -- On September 2, 2009, the Minnesota Supreme Court held that Minnesota’s statute of limitations would govern all personal injury claims properly brought in Minnesota courts. In Fleeger v. Wyeth (A08-2124), the federal district court in Little Rock, Arkansas presiding over the hormone therapy MDL proceedings certified a question to the Minnesota Supreme Court as to whether Minnesota’s statutes of limitations would govern the claims of out-of-state plaintiffs who sued out-of-state defendants for claims that accrued elsewhere.

Minnesota’s highest court answered "yes," upholding longstanding state precedent finding that statutes of limitations are procedural in nature, therefore the law of the forum governs all claims in which personal jurisdiction is present in Minnesota. In doing so, the court noted that the state’s 2004 Uniform Conflict of Law-Limitations Act already mandated that choice of law principles would determine the applicable law for claims accruing after August 1, 2004. At issue was the law that would apply to claims accruing before that date. Minnesota’s highest court confirmed that Minnesota law would govern such claims.

Erik Walker, an attorney at Hissey Kientz, LLP in Austin, Texas, principally authored the brief and argued the case for the plaintiff. Walker lauded the court’s decision: "In 2004, when the legislature abrogated the "law of the forum" doctrine, it decided that the change in law should not apply retroactively, to victims whose claims had already accrued and who may have relied on Minnesota’s longstanding precedent."

"The legislature consciously exempted claims accruing before the effective date of the act, and the court in Fleeger respected that decision," Walker said. "As a result, thousands women who acquired breast cancer from hormone therapy, along with plaintiffs in many other litigations, may continue to prosecute their claims to justice."

About Hissey Kientz, LLP
Hissey Kientz, LLP represents individuals who contracted mesothelioma or lung cancer as a result of asbestos exposure, and those injured by a fentanyl or Duragesic overdose, acute phosphate nephropathy as a result of Fleet Phospho-soda products, Digitek, Zicam, the Composix Kugel mesh patch, gadolinium MRI contrast dyes, Reglan, FELA railroad injury lawsuits, Raptiva, the Ortho Evra patch, Fen-Phen or "herbal Fen-Phen" products containing ephedra or ma huang, as well as other defective drugs and devices. To learn more about the firm and other drug cases, visit Hissey Kientz, LLP (www.hkllp.com) or call toll-free at (866) 275-4454.

###

Read the full story at http://www.prweb.com/releases/hormone-therapy-lawsuit/minnesota-supreme-court/prweb2837374.htm.


'/>"/>
Source: PRWeb
Copyright©2009 Vocus, Inc.
All rights reserved  

Related medicine news :

1. Seasonal Flu Vaccinations Available Now at Target Clinics in Minnesota
2. Childrens Hospitals and Clinics of Minnesota Welcomes Twin Cities Businesswoman Molly Culligan to its Board of Directors
3. Minnesota Health Improvement Leaders Honored
4. American Lung Association in Minnesota: Motorists Can Get 85 Cents a Gallon E85 Fuel in Woodbury, Minn.
5. New Study of House Health Reform Bill: Minnesota Faces Over $654 Million in Medicare-Funded Nursing Home Cuts Over Ten Years
6. New Study of House Health Reform Bill: Minnesota Faces Over $654 Billion in Medicare-Funded Nursing Home Cuts Over Ten Years
7. Availity Teams with Blue Cross and Blue Shield of Minnesota to Improve Health Care Efficiencies
8. ClearWay Minnesota(SM) Adds New Director of Research
9. Dr. Wilhelm, First Minnesota Cosmetic Dentist to Offer WOW Spraywhite Teeth Whitening
10. Class Action Notice for Minnesota Light Cigarette Litigation From Lommen, Abdo, Cole, King & Stageberg, P.A.
11. Childrens Hospitals and Clinics of Minnesota Receive Level III Trauma Designation
Post Your Comments:
*Name:
*Comment:
*Email:
Related Image:
Minnesota Supreme Court Confirms that Minnesota's Statutes of Limitations Govern Out-of-State Claims
(Date:10/13/2017)... (PRWEB) , ... October 13, 2017 , ... Apple ... care services, staged a mock evacuation of the facility as part of a disaster ... Fire Department, Echo Hose EMS and Shelton City Emergency Manager, as well as the ...
(Date:10/13/2017)... , ... October 13, 2017 , ... Global Healthcare Management’s ... Alexandria Park in Milford, NJ. This free event, sponsored by Global Healthcare Management’s ... The fun run is geared towards children of all ages; it is a ...
(Date:10/13/2017)... ... October 13, 2017 , ... “The Journey: From the ... danger possible to save lost souls in the Philippines. “The Journey: From the Mountains ... a dedicated teacher of the Bible. She has taught all ages and currently teaches ...
(Date:10/12/2017)... ... October 12, 2017 , ... Planet Fitness, one of the largest and ... plans to open a flagship location in Covington, LA at 401 N. U.S. Highway ... store next to Office Depot in the Holiday Square shopping center. Its location allows ...
(Date:10/12/2017)... ... 2017 , ... Asante, a nationally recognized health system in ... existing home health joint venture through an agreement, effective October 1, 2017, to ... home health company with Asante, delivering clinically integrated care, for the past eight ...
Breaking Medicine News(10 mins):
(Date:10/10/2017)... -- NDS received FDA 510(k) clearance in May 2017 for its highly ... designed for endoscopy environments. An innovative secondary monitor solution, ZeroWire ... support the improvement of patient outcomes, procedural efficiency, and the lowering ... ... ...
(Date:10/4/2017)... 4, 2017  South Korean-based healthcare product Development Company ... "cprCUBE" on Kickstarter. The device will educate the user ... with better efficiency compared to the dated and pricey ... on efficacy of the compression for a more informed ... goal to raise $5,000. ...
(Date:10/2/2017)... 2017  Eli Lilly and Company (NYSE: ... third quarter of 2017 on Tuesday, October 24, 2017. ... day with the investment community and media to further ... call will begin at 9 a.m. Eastern time. Investors, ... webcast of the conference call through a link that ...
Breaking Medicine Technology: