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Final Plaintiff In Ephedra MDL Still Holding On

Law360 (February 25, 2009, 12:00 AM EST) -- The one remaining case in the ephedra multidistrict litigation was kept alive Monday when a federal court ruled that “there was a genuine issue of material fact” as to whether the plaintiff complied with a three-year statute of limitations.

Judge Jed Rakoff of the U.S. District Court for the Southern District of New York had previously sided with defendant Market America Inc., finding in April 2006 that John Giordano missed the deadline for filing his product liability claim.

But on appeal, the U.S. Court of Appeals...
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