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CASEY v. MERCK & CO., INC.

Record No. 111438.

722 S.E.2d 842 (2012)

283 Va. 411

John CASEY, Individually and as Administrator of the Estate of Ora Casey, et al. v. MERCK & CO., INC.

Supreme Court of Virginia.

March 2, 2012.

Attorney(s) appearing for the Case

Monica Taylor Monday ( James J. O'Keeffe ; Timothy M. O'Brien ; Gentry Locke Rakes & Moore; Levin Papantonio Thomas Mitchell Echsner & Proctor, on briefs), for appellants.

Dino S. Sangiamo ( Paul F. Strain ; David J. Heubeck ; William D. Dolan, III ; Venable, on brief), for appellee.

Present: All the Justices.

OPINION BY Justice S. BERNARD GOODWYN.

Pursuant to Article VI, Section 1 of the Constitution of Virginia and our Rule 5:40, we accepted the following certified questions from the United States Court of Appeals for the Second Circuit:

(1) Does Virginia law permit equitable tolling of a state statute of limitations due to the pendency of a putative class action in another jurisdiction? (2) Does Va.Code Ann. § 8.01-229(E)(1) permit tolling of...

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