Patrickson v. Dole Food Co.

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This case involved dibromochloropropane, a powerful nematode worm killer, and the litigation was multi-jurisdictional. The circuit court granted partial summary judgment against Plaintiffs and in favor of Defendants on statute of limitations grounds. The Intermediate Court of Appeals (ICA) affirmed. At issue on certiorari was (1) whether the filing of a putative class action in another jurisdiction operated to toll the state of Hawaii’s statute of limitations, and (2) if so, at what point did such tolling end? The Supreme Court vacated the ICA’s judgment and remanded to the circuit court for further proceedings, holding (1) the filing of a putative class action in another jurisdiction does toll the statute of limitations in the state of Hawaii because such “cross-jurisdictional tolling” supports a purpose of class action litigations, which is to avoid a multiplicity of suits; (2) under the circumstances of this case, cross-jurisdictional tolling ended when the foreign jurisdiction issued a final judgment that unequivocally dismissed the putative class action; and (3) Plaintiffs’ complaint was timely filed within the applicable limitations period and, therefore, was not time-barred. View "Patrickson v. Dole Food Co." on Justia Law