Exam2 - Cases - Cases Civil litigation *Gnazzo v. G.D....

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Cases Civil litigation ***Statute of Limitations*** 1) Procedural Background: - Products liability action against IUD manufacturer - District Court for the District of Connecticut granted manufacturer’s motion for summary judgment - Gnazzo appeals 2) Key Facts: - Gnazzo used IUD from 1974-1977 - Suspected a problem in 1981 - Learned she was infertile from the IUD in 1991 3) Issue: Whether Gnazzo’s claim was time-barred by the three-year statute of limitations. 4) Holding: It was. 5) Reasoning: - The statute of limitations begins to run when plaintiff discovers some form of actionable harm, not the fullest manifestation thereof. o She discovered “some form of actionable harm” in 1981, and the three-year deadline had passed 6) Disposition: Affirmed (Court of Appeals) *Nogart v. the Upjohn Company (2) ***Statute of Limitations*** - Put on specific medication (antidepressant Halcion) o Now says it increases the rates of suicide - Kills herself, family sues - Didn’t file in one year; too bad o Outside statute of limitations (courts won’t ever cross) o No authority to hear case - Ethics have nothing to do with it – the law is the law - At time of suicide, no warning insert; used the current insert at proof – which they found after death in 1988 - Consent judgment to facilitate appeal is acceptable (pro forma) 1) Procedural Background: - Nogart files wrongful death complaint - District Court grants summary judgment for Upjohn (agrees to move to Court of Appeals, whom they knew was more favorable) - Court of Appeals reverses 2) Key Facts: - Kristi committed suicide on October 16, 1985
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This note was uploaded on 08/30/2011 for the course PLA 3013 taught by Professor Carolbast during the Fall '10 term at University of Central Florida.

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Exam2 - Cases - Cases Civil litigation *Gnazzo v. G.D....

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