G.D. Searle & Co. v. Cohn

455 U.S. 404 (1982)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ps are husband and wife. Susan Cohn suffered a stroke. Eleven years later, in 1974, Ps sued D in New Jersey. Ps claim that the stroke was caused by Susan's use of an oral contraceptive manufactured by P. D was served under New Jersey's long-arm rule. D removed the suit to federal court. D moved for summary judgment based upon New Jersey's 2-year statute of limitation. Ps countered that §2A:14-22 tolls the statute of limitation for a cause of action against a foreign corporation that 'is not represented' in New Jersey 'by any person or officer upon whom summons or other original process may be served.' The Court ruled that D was not represented in New Jersey for the purposes of the tolling provision. It then barred the suit. The court reasoned that with the enactment of New Jersey's long-arm rule, the rationale for the pre-existing tolling provision ceased to exist. Since the tolling provision served no logical purpose, the court found it invalid under the Equal Protection Clause and ruled that the 2-year statute of limitation barred Ps' suit. Ps appealed. Before the Court of Appeals reached a decision, the Supreme Court of New Jersey ruled, as a matter of New Jersey law, that the tolling provision continued in force despite the advent of long-arm jurisdiction. In addition, the court concluded that the tolling provision did not violate the Equal Protection or Due Process Clauses of the Fourteenth Amendment, because the increased difficulty of out-of-state service provided a rational basis for tolling the statute of limitation in a suit against an unrepresented foreign corporation. The Court of Appeals reversed. D appealed and the Supreme Court granted certiorari.