Fox v. Ethicon Endo-Surgery, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 5 when federal courts borrow a state limitations period, the court also borrows the 6 forum state’s tolling rules
• noting that a plaintiff must specifically plead facts invoking the statutory discovery rule, but would be entitled to amend her complaint once the defendant raised statute of limitations defense
• explaining that “accrual of a cause of action [is] contingent on when a party discovered or should have discovered that his or her injury had a wrongful cause”
• explaining that under 20 California law, the discovery rule applies only where a reasonable investigation into the causes of 21 the injury “would have disclosed a factual basis for a cause of action” (emphasis added)
• requiring “a potential plaintiff who suspects that an injury has been wrongfully caused to conduct a reasonable investigation of all potential causes of that injury”
• noting the rule is an “exception to the general 18 rule of accrual” and “postpones accrual”

Source: CourtListener parenthetical corpus (CC0).