U.S. Court of Appeals for the Second Circuit
The U.S. Court of Appeals for the Second Circuit, applying new guidance from New York’s highest court, ruled Friday that Central and South American farmworkers’ claims against Occidental Chemical Corp. were time-barred in a long-running suit over exposure to a toxic pesticide.
A three-judge panel of the Manhattan-based appeals court adopted the New York Court of Appeals’ answers to two certified questions of law, finding that the state recognizes cross-jurisdictional class action tolling, which ends even when there is a “non-merits” decision dismissing a proposed class action.
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