Basko v. Winthrop Laboratories, Inc.

TIMBERS, Chief Judge.

QUESTION PRESENTED

In this diversity action to recover for personal injuries allegedly caused by use of medicinal drugs manufactured by defendants, the essential question presented by plaintiff’s motion to strike, pursuant to Rule 12(f), Fed.R.Civ.P., is whether defendants have waived their right to interpose defenses of statutes of limitations by reason of their long delay in seeking to raise such special defenses by amendment to the answer.

The Court holds that defenses of limitation of action have been waived; accordingly, plaintiff’s motion to strike the first, third…