Merck Action Didn’t Stop The Clock, Va. High Court Says

Law360, New York (March 2, 2012, 5:29 PM EST) -- The Virginia Supreme Court ruled Friday that a proposed class action over Merck & Co. Inc.'s Fosamax did not postpone the statute of limitations for unnamed class members who launched individual suits claiming the osteoporosis drug causes jaw deterioration.

In response to a certified question from the Second Circuit, the state high court acknowledged that under state law an action filed in another jurisdiction may toll the statute of limitations in Virginia for that plaintiff or a “representative of that plaintiff” asserting the same claim....
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