Why Exxon Case Will Likely Become A Plaintiff Favorite

Law360, New York (November 13, 2013, 12:58 PM EST) -- For decades, commentators have warned that California’s discovery rule exception has been swallowing statutes of limitations. See, e.g., Stephen V. O'Neil, Accrual of Statutes of Limitations: California's Discovery Exceptions Swallow the Rule, 68 Cal. L. Rev. 106 (1980).

The state's Second District Court of Appeal recently took another step along this digestive path in Alexander v. Exxon Mobil, No. B242458 (Sept. 24, 2013), expanding the discovery rule exception in toxic tort cases involving allegations of personal injury. The decision will likely become a favorite of the...
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