Pappas Grubbs Price Attorneys successfully assert Motion for Summary Judgment


Kyle Rowley, George Caflisch, and Mary London Fuller successfully asserted a Motion for Summary Judgment based on the statute of limitations for a national construction equipment manufacturer in a wrongful death case pending in the U.S. District Court of the Middle District of Pennsylvania. The District Court ruled, as Defendant argued, that (1) when a case is transferred pursuant to 28 U.S.C. § 1406(a), the laws of the transferee forum govern the claims; (2) Pennsylvania’s statute of limitations applied to Plaintiffs’ claims under the Pennsylvania borrowing statute; and (3) Plaintiffs’ claims were time-barred under Pennsylvania’s statute of limitations.  This resulted in the entry of judgment in our client’s favor.