Legal Opinion
Doyle v. American Home Products Corp.
Court of Appeals for the Second Circuit
Decided September 29, 2009No. Docket 08-2149-cvPublishedCited by 11 opinions
1Opinion of the Court
DENNIS JACOBS, Chief Judge:
Robert Doyle’s 1996 suit against a pharmaceutical manufacturer alleging injury for a drug he took in 1989 and 1993, was dismissed in 2006 by the New York state court after Doyle and his attorney failed to appear at a scheduling conference. When Doyle later commenced this diversity suit on the same claim, Doyle resisted the drug company’s limitations defense on the ground that the New York Civil Practice Law and Rules (“CPLR”) section 205(a) tolls the statute of limita tions during the pendency of the prior action, and for six months after dismissal, if the prior…
2Cases cited13 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C.New York Court of Appeals · 2005
- Paul M. Morris v. Schroder Capital Management International and Schroder Investment Management North America Inc., Docket No. 05-0823-CvCourt of Appeals for the Second Circuit · 2006
- Matter of Morris Investors, Inc. v. Comm'r of Fin. of the City of New YorkNew York Court of Appeals · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wells Fargo Bank, N.A. v. EitaniAppellate Division of the Supreme Court of the State of New York · 2017
- Indian Harbor Insurance v. City of San DiegoCourt of Appeals for the Second Circuit · 2014
- Brown v. NEW YORK STATE SUPREME COURTDistrict Court, E.D. New York · 2010
- Bank of New York Mellon v. SlavinNew York Supreme Court · 2016
- Triola v. ASRC Management ServicesCourt of Appeals for the Second Circuit · 2012
6 more not listed; retrieve them via the Exa API.