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ARTICLE · 24 FEBRUARY 2021

Plaintiff Cannot Escape Prior Pleadings To Avoid Statute Of Limitations

Reed Smith
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Wanke v. Invasix, Inc., 2021 WL 325923 (M.D. Tenn. Feb. 1, 2021) is an interesting and somewhat long story, so we're just going to give it to you straight.

United StatesLitigation, Mediation & Arbitration
Michelle Yeary
Michelle Yeary
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Wanke v. Invasix, Inc., 2021 WL 325923 (M.D. Tenn. Feb. 1, 2021) is an interesting and somewhat long story, so we're just going to give it to you straight.

In June 2017, plaintiff underwent a medical procedure on her face in which defendant's medical device was used. Her counsel entered into a tolling agreement with defendant in January 2019 and a day before the agreement was to expire, plaintiff filed her lawsuit, which included two other plaintiffs, in federal court in California, the home state of the defendant. Defendant moved to sever the claims of the unrelated plaintiffs and to transfer them to plaintiff's home states. The California court granted that motion and plaintiff's case was transferred to Tennessee. Id. at *1-2.

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