If you or a loved one has been harmed by Levaquin, please contact our law firm today for a free consultation regarding a
Des Moines Iowa Levaquin Lawsuit. Call Toll Free 1-866-777-2557 or
click here to use our online contact form. This a free, no obligation consultation.
Levaquin use has been associated with tendon rupture injuries including torn achilles tendons and tendonitis. Our firm is helping people nationwide.
Below is a court directory for your area.
IOWA
Des Moines
Iowa Supreme Court Iowa Judicial Branch Building
1111 East Court Avenue Des Moines, IA 50319 515-281-5174
Court of Appeals
Iowa Court of Appeals
Iowa Judicial Branch Building 1111 East Court Avenue Des Moines, IA 50319 515-281-5221
5th Judicial District of Iowa – Polk County Courthouse 500 Mulberry Street, Room 411 Des Moines, IA 50309 515-286-3198
FAQ About Levaquin Lawsuits
What is multidistrict litigation?
Multidistrict litigation (MDL) is a federal legal procedure in which all pending civil cases of a similar type with common questions of fact that have been filed throughout the United States are transferred to one federal judge for pre-trial proceedings. The purpose of this procedure is to speed up the process of handling complex cases in the federal court system, such as product liability suits or patent infringement cases. By centralizing the pre-trial process, the resources of the parties, counsel and judiciary are conserved and duplicative discovery and inconsistent pretrial rulings can be avoided. This process is governed by 28 U.S.C. § 1407 of the United States Code.
The Judicial Panel on Multidistrict Litigation (JPML) is the special body that has the authority to decide whether civil actions pending in more than one jurisdiction should be consolidated and where they should be transferred. The JPML is a panel of seven district or appeal court judges from different judicial circuits who are appointed by the Chief Justice of the United States Supreme Court pursuant to 28 U.S.C. § 1407. The Panel members continue to serve as judges in their appointed courts, but they periodically meet to review requests to consolidate in various locations around the country in order to facilitate the participation of parties and their counsel. The Panel’s decision to consolidate is based on a number of criteria, with the first and foremost being whether there are one or more common questions of fact. Also considered is whether transfer would be convenient for the parties and witnesses, the residence of the principal witnesses, the locations where the actions were initially filed and the likelihood that transfer will avoid conflicting rulings. Economy and convenience become the prevailing factors.
Once it is determined that transfer is appropriate, the Panel must select the appropriate judicial district to handle the litigation. There are no statutory guidelines governing the assignment of the consolidated case, but the Panel considers the location of the judicial district in relation to that of the parties, the business headquarters of the parties, the location with the most relevant documents, and how easily the location of a judicial district can be reached. Ultimately, the Panel seeks to place transferred cases in courts that have the time to oversee the complexities of the litigation.
What is a statute of limitations?
A statute of limitations sets the deadline or maximum period of time within which a lawsuit must be filed. Statutes of limitation differ depending on the circumstances of the case and type of legal claim. The periods of time also vary from state to state and vary depending on whether they are filed in federal or state court. For example, many states require that a personal injury lawsuit be filed within one year from the date of injury, or in some instances, from the date when it should reasonably have been discovered, but some allow two years.
If a lawsuit or claim is not filed before the statutory deadline, the right to sue or file a lawsuit is barred. Under certain circumstances, a statute of limitations is tolled or extended beyond its deadline. Tolling prevents the time for filing suit from running while a condition exists. Such conditions include if the aggrieved party is a minor. The right to bring suit is tolled until the minor reaches the age of maturity. Or if there is a delay in the discovery of the injury or harm that forms the basis for a lawsuit, the running of the limitations will be tolled, such as a medical malpractice claim where the impact of the doctor’s mistake is not immediately apparent. It may also be inequitable to allow a defendant to use the defense of the running of the limitations period, such as the case of an individual in the position of authority over someone else who intimidates the victim into never reporting the wrongdoing. Generally, in the case of private, civil matters, the limitations period may be shortened or lengthened by agreement of the parties. Under the Uniform Commercial Code, the parties to a contract for sale of goods may reduce the limitations period to not less than one year but may not extend it.
There are several rationales for having statutes of limitations. First is fairness to the parties. People want to be able to get on with their lives without threat of legal interference from the past. Second, after an event, memories fade and evidence gets lots or disappears over time, so the value of evidence begins to diminish, making the best time to bring a suit as close to the actual event as possible to have the best evidence available to either prove or defend a claim. Finally, the injured party should be diligent and pursue their action quickly and efficiently due to the value of evidence and the fact it is important to reach closure for the parties. If you believe that a lawsuit has been filed that violates the statute of limitations, it is up to you to have the case dismissed. One of the first things that you should do if you are sued, is to check the applicable federal or state statute of limitations to determine whether the lawsuit has been filed in a timely manner. If the statute of limitations has expired, it is up to you to alert the court to this fact in order to get the lawsuit dismissed.
Helping people nationwide who have suffered from Levaquin Side Effects. Our Law Firm is investigating cases involving Levaquin use and ruptured tendons, torn achilles tendons, tendonitis, and other injuries. If you or a loved one has experienced Levaquin complications you may have a claim against the manufacturer. Please contact us today for a free consultation. Call toll free 1-866-777-2557