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Case Detail


CSX Transportation, Inc. v. Gilkison
On December 30, 2010, the U.S. Court of Appeals for the Fourth Circuit reinstated a lawsuit filed against a group of lawyers and doctors accused of scheming to file thousands of fraudulent asbestos-liability claims in courts throughout the country. The decision was a victory for WLF, which filed a brief urging reinstatement. WLF argued that the trial court threw out the lawsuit based on a far-too-narrow understanding of the statute of limitations. The appeals court agreed with WLF that the limitations period should not start running until after the plaintiff has at least some reason to suspect that the lawyers and doctors were engaging in fraud. It held that being named in a lawsuit does not necessarily put one on “inquiry notice” that the plaintiffs’ lawyer is engaging in fraud. The court held that precisely when CSX should first have become aware of fraud can only be determined after all the facts of the case have been determined, not on the basis of the pleadings.
Case Status:
Victory.
More Information and Downloads:
1/21/2010: Download the Brief
Press Release: Court Urged to Reinstate Fraud Suit Against Asbestos Lawyers, Doctors
Litigation Update: Court Reinstates Fraud Suit Against Asbestos Lawyers, Doctors
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