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Doyle v. American Home Products Corp.

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Argued: July 15, 2009

Before: JACOBS, Chief Judge, SACK, Circuit Judge, and GOLDBERG, Judge.*fn1

Robert Doyle’s 1996 suit against a pharmaceutical manufacturer alleging injury for a drug he took in 1989 and 1993, was dismissed in 2006 by the New York state court after Doyle and his attorney failed to appear at a scheduling conference. When Doyle later commenced this diversity suit on the same claim, Doyle resisted the drug company’s limitations defense on the ground that the New York Civil Practice Law and Rules (“CPLR”) section 205(a) tolls the statute of limitations during the pendency of the prior action, and for six months after dismissal, if the prior action was dismissed for a technical reason, but not if the prior action was dismissed for “neglect to prosecute.” Doyle now appeals from the order entered by*fn2 the United States District Court for the Eastern District of New York (Korman, J.) on April 1, 2008, which dismissed his federal action pursuant to Rule 12(c) of the Federal Rules of Civil Procedure on the ground that the statute of limitations–long exceeded–had not been tolled. Doyle v. Am. Home Prods. Corp., No. 06 Civ. 5392 (ERK) (E.D.N.Y. Mar. 31, 2008). The question on appeal is whether the dismissal in state court constituted a dismissal “for neglect to prosecute.”

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