Jo Levitt v. Merck & Company

I conclude that the district court correctly applied Missouri law in ruling that Jo Levitt's claim against Merck & Company was barred by the statute of limitations. I would therefore affirm the judgment.

Missouri applies an "inquiry notice" standard to begin the running of a statute of limitations. Powel v. Chaminade Coll. Preparatory, Inc. , 197 S.W.3d 576 , 583 (Mo. 2006). There is no requirement that the plaintiff have actual knowledge of her injury and its cause. Wheeler v. Eftink , 507 S.W.3d 598 , 604 (Mo. Ct. App. 2016). A cause of action accrues when the "evidence was such to place a…