Ex-Smoker's Suit Not Time-Barred: Calif. High Court

Law360, New York (May 5, 2011, 6:47 PM EDT) -- California's highest court ruled Thursday that the statute of limitations for a lawsuit brought by an ex-smoker with terminal lung cancer against a slew of tobacco companies was not triggered by her prior discovery of a separate and distinct disease.

Providing guidance on two questions posed by the Ninth Circuit in April 2009, the California Supreme Court determined that two separate latent diseases caused by prolonged use of tobacco products gave rise to separate limitations periods.

The Ninth Circuit certified the issue to help decide an...
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