Vexing Statute of Repose Question Sent to Massachusetts Supreme Judicial Court United States District Court, District of Massachusetts, May 14, 2018

MASSACHUSETTS  — The plaintiffs sued multiple defendants in the United States District Court, District of Massachusetts, alleging that the plaintiffs’ decedent, Wayne Oliver, was exposed to asbestos during the construction of two nuclear power plants.  Defendant General Electric (GE) filed a motion for summary judgment on counts I,II,IX, and X in the plaintiffs’ Third Amended complaint; both parties agreed that the affected counts were governed by the substantive law of the Commonwealth of Massachusetts. GE invoked the Massachusetts statute of repose for improvements to real…
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Turbine Manufacturer’s Choice of Law Motion Granted Based on Location of Asbestos Exposure and Diagnosis U.S. District Court for the District of Massachusetts, May 9, 2018

MASSACHUSETTS — Plaintiff Ruth Burleigh, the widow of the plaintiff’s decedent Ernest Burleigh, filed suit in the U.S. District Court for the District of Massachusetts against numerous defendants alleging that decedent developed mesothelioma as a result of exposure to asbestos while working as a mechanic at the Portsmouth Naval Shipyard (the shipyard) from 1960-1981. The shipyard is located in Kittery, Maine, approximately 20 miles from the Massachusetts border. The plaintiff’s decedent alleged exposure to asbestos in Maine only, was a resident of Maine for the…
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Federal Court Denies Summary Judgment Under Massachusetts Statute of Repose, But Grants Defendants’ Motions on Other Grounds U.S. District Court for the District of Massachusetts, March 30, 2018

MASSACHUSETTS — The plaintiffs allege that the decedent, Wayne Oliver, developed mesothelioma from bystander exposure to asbestos during his work as a pipe inspector on the construction of two power plants in the 1970s. Defendant General Electric Company (GE) specified and produced steam turbine-generators for the power plants, and supervised their installation. Defendant NSTAR, formerly known as Boston Edison Company (NSTAR/BECO), owned one of the power plants during the time of the decedent’s work. The decedent worked for non-party Bechtel Corporation, who acted as the…
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