Statute of Limitations -- 2003
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O'Connor v. Boeing North American, Inc.
(9th Circuit)
Statute of limitations
The NAM and six other organizations filed an amicus brief urging review of a Ninth Circuit panel's decision that California’s long-standing “discovery rule” for determining when the statute of limitations begins to run is preempted by federal law (42 U.S.C. § 9658). We prefer a rule whereby the clock begins to run when the plaintiff “knew or should have known of the injury and its cause.” The Ninth Circuit's decision overturns 100 years of precedent and makes it easier to bring suits against manufacturers. It conflicts with rulings in several other states, and creates a new federal "knowledge" standard.
The petition for review was denied.
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