U.S. District Court for the Middle District of Tennessee rejects “cross-jurisdictional tolling” argument and grants Novartis summary judgment.
news | December 7, 2010
The United States District Court for the Middle District of Tennessee today granted Novartis Pharmaceutical Corporation’s motion for summary judgment in Foster v. Novartis Pharmaceuticals Corp., 3:08-0932 (M.D. Tenn.). Mr. Foster alleged that his wife’s use of Aredia® and Zometa® had caused her to develop osteonecrosis of the jaw. NPC argued, and the Court agreed, that plaintiff’s claim was time barred by Tennessee’s one-year statute of limitations. Although plaintiff argued that the filing of a federal class action had tolled the statute of limitations, the court held that Tennessee had declined to recognize “cross jurisdictional” tolling, and the pendency of the (subsequently dismissed) federal class action did not toll the statute. The Foster case was one of plaintiffs’ selections in the second group of cases chosen for discovery and expert work-up in the federal MDL.
Novartis was represented by Firm partner Joe G. Hollingsworth.