Thomas Paine African Slavery in America (1775)

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  • Topic: Appeal, Civil procedure, Pelvic inflammatory disease
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  • Published : November 2, 2012
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Name: Danielle Kissi
Course: Introduction to Law
Professor: April Pitts
Date: 10/30/2012

Assignment: Brief a Case page 282

Case Name: Gnazzo v. G.D. Searle & Co.
973 F 2nd 136 1992
U.S. App. Lexis 19453
United States Court of Appeals, Second Circuit

Facts: In 1974, Gnazzo had an IUD implanted in her uterus as a contraceptive device. In 1975, Gnazzo experience painful cramping which turned out to be Pelvic Inflammatory Disease (PID). Although she suffered another PID infection later, she continued to use the IUD until December 1977. In 1989, a fertility specialist told Gnazzo she was infertile because of the PID that resulted from the use of the IUD. Later that year, Gnazzo answered an attorney questionnaire stating that she first suspected the IUD had caused her infertility in 1981 after researching the product over the internet. In 1990, Gnazzo initiated a complaint against Searle; the maker of the IUD.Searle said Gnazzo’s claim was time-barred by a 3 year statute of limitations for product liability actions. Procedural History: The District court granted summary judgment and found that Gnazzo did not have a case against Searle because of the statute of limitations. Gnazzo Appealed. Issue: Did the statute of limitations begin to run when the defendant first suspected harm had resulted from the product or when her suspicions were validated by a medical specialist? Holding: Yes, according to the Connecticut Law, the statute of limitations (3 years) begins to run when the plaintiff discovers some form of actionable harm. Subject case matter is remanded to the District court to hear the case and start the procedure to determine the limitation between the parties. Rationale: This case is the second impression of the court. The court has heard a case-matter about the statute of limitation. The District Court by the Connecticut law, apply...
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