DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103129P.pdf 07/28/2011 Maud Ledhagen Gazal v. Boehringer Ingelheim, etc.
U.S. Court of Appeals Case No: 10-3129
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Bye and Shepherd, Circuit Judges]
Civil case - Mirapex Products Liability Litigation. Plaintiff's decedent
was on notice of his injury and of the causal link between compulsive
gambling and Mirapex no later than 2005, and the district court did not
err in finding the claims in this action were barred by the applicable
statute of limitations; arguments that the statute should be tolled under the
continuing tort doctrine, the open courts provision of the Texas
constitution, the ripeness doctrine or the decedent's alleged mental
disability are all rejected; with respect to plaintiff's warranty claim, the
court did not err in finding plaintiff's decedent had not satisfied the
requirement that purchasers give notice of the breach of warranty claim
prior to filing suit.