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Civil Litigation,
California Supreme Court

Jul. 16, 2018

Justices clarify limitations period for toxic tort birth defect claims

The California Supreme Court recently resolved a conflict in the courts of appeal over the appropriate limitations period for in utero toxic exposure birth defect cases.

Alan J. Lazarus

Partner
Faegre, Drinker, Biddle & Reath LLP

50 Fremont St 20FL
San Francisco , CA 94105

Phone: (415) 591-7500

Fax: (415) 591-7510

Email: alan.lazarus@dbr.com

UC Hastings COL; San Francisco CA

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The California Supreme Court recently resolved a conflict in the courts of appeal over the appropriate limitations period for in utero toxic exposure birth defect cases. The court ruled that the shorter period applied, but paradoxically, effectively extended the period for injured minors to sue.

The issue in Lopez v. Sony Electronics, Inc., 2018 DJDAR 6658 (July 5, 2018), was wh...

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