538 F. App'x 110
2d Cir.2013Background
- Plaintiff Joseph Scott Dagliano (pro se, incarcerated in Virginia) alleged that Eli Lilly’s antipsychotic Zyprexa caused gastrointestinal and related injuries after he began taking it in March 2003 and stopped in December 2003.
- Dagliano filed a products-liability suit in the Eastern District of New York in May 2007.
- Eli Lilly moved for summary judgment arguing the suit was time-barred; the district court granted summary judgment for Eli Lilly, applying Virginia’s two-year personal-injury statute of limitations.
- The district court rejected Dagliano’s contentions that the limitations period should be tolled for disability or incarceration or extended due to fraudulent concealment, finding no supporting evidence.
- On appeal, this Court affirmed, clarifying that New York’s interest analysis does not apply to statutes of limitations and that New York’s borrowing statute requires applying the shorter out-of-state limitations period (Virginia’s).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dagliano’s claim is time-barred | Dagliano contends his claim accrued when he discovered injury but filed suit within a permissible time | Eli Lilly argues the cause accrued in Virginia in 2003 and Virginia’s two‑year limit bars a 2007 suit | Court held claim time‑barred under Virginia’s two‑year statute via New York’s borrowing statute |
| Choice-of-law for statute of limitations | Dagliano implicitly disputes application of Virginia law | Eli Lilly urges application of the shorter out‑of‑state statute under N.Y. C.P.L.R. 202 | Court held borrowing statute controls; no interest‑analysis; Virginia law applies |
| Tolling for disability or incarceration | Dagliano claims tolling should apply | Eli Lilly contends no evidence supports tolling | Court found no evidence of tolling and affirmed summary judgment |
| Fraudulent concealment tolling | Dagliano alleges Lilly concealed relevant facts | Eli Lilly denies concealment and points to absence of supporting evidence | Court held Dagliano offered no evidence of fraudulent concealment; tolling not applied |
Key Cases Cited
- Allianz Ins. Co. v. Lerner, 416 F.3d 109 (2d Cir. 2005) (standard of review for summary judgment)
- Gan v. City of New York, 996 F.2d 522 (2d Cir. 1993) (conclusory allegations insufficient to defeat summary judgment)
- Stuart v. Am. Cyanamid Co., 158 F.3d 622 (2d Cir. 1998) (interest analysis does not govern statute‑of‑limitations choice‑of‑law)
- Global Fin. Corp. v. Triarc Corp., 93 N.Y.2d 525 (N.Y. 1999) (tort cause of action accrues where and when the injury occurs)
- Int'l Bus. Machines Corp. v. Edelstein, 526 F.2d 37 (2d Cir. 1975) (appellate court will not consider evidence not presented to the district court)