A Philadelphia judge has asked the state Superior Court to uphold his ruling that two plaintiffs alleging their breast cancer was caused by hormone replacement therapy drugs could not end their lawsuits in Philadelphia Common Pleas Court and seek to file their cases instead in Minnesota, which has a six-year statute of limitations.
In two opinions written late last month, Common Pleas Judge Allan L. Tereshko explained that letting the plaintiffs voluntarily terminate their action before commencement of trial is inappropriate if it would frustrate the statute of limitations, if it is only pursued to institute the same cause of action in a different forum, or if a dispositive motion is pending.
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