For Whom the Statute Tolls: It Tolls For Thee – Chavez v….

scosta | February 14, 2018 | Costa Rica News

On January 10, 2018, Judge Paul Engelmayer of the United States District Court for the Southern District of New York held that plaintiffs who were allegedly injured between 1965 and 1990 on banana plantations outside the United States can proceed with product liability suits that would otherwise have been time-barred by New York’s statute of limitations [1] under the theory that the New York Court of Appeals will recognize cross-jurisdictional class action tolling in class actions originating in other states. The court certified the question to the New York Court of Appeals and stayed discovery in the matter pending hearing and decision of the expected appeal.

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