Strategic Defense Move Results in Dismissal of General Liability Action.
We attained a summary dismissal of an action in the U.S. District Court for the District of Connecticut. In a somewhat strategic gamble (but with the client’s full understanding and consent), a motion was filed seeking a dismissal of the matter for failure to commence within the Connecticut statute of limitations period. The filing of the motion, however, required our waiving any objection to venue. The matter arose out of an incident that occurred in New York State, which has a three-year statute of limitations. The defensive strategy was to waive venue objections and argue that the statute of limitations under Connecticut law was a procedural issue and that, therefore, the law of the forum state, Connecticut (utilizing a two-year statute of limitations in such cases), applies. The federal judge agreed with our position and refused to grant a late request by counsel for the plaintiff seeking a change of venue to New York State.