3rd Circ. Says Doc's TCPA Claims Against Sanofi Are Untimely

Law360 (November 27, 2018, 6:50 PM EST) -- A Third Circuit panel on Tuesday decided to back a federal district court’s ruling that a suit brought against Sanofi Pasteur Inc. and a subsidiary by an ophthalmologist and his company over unsolicited faxes was time-barred.

The panel affirmed a lower court’s ruling in favor of Sanofi Pasteur and VaxServe Inc. in a federal suit from Ari Weitzner MD PC over two pharmaceutical advertising faxes. The Third Circuit had been tasked with determining if the company took advantage of a U.S. Supreme Court precedent known as “American Pipe tolling” by filing a federal class action in 2011 over the faxes, when...

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