Category: Statute of Limitations

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Statute of Limitations
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Wrongful Death Claim Dismissed in Case Involving Louisiana Statute of Limitations Rule

The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that a newly created statute of limitations must provide a “reasonable time for those affected” to assert their “vested rights.”

More specifically, the court addressed what is a “vested right” in a wrongful death action.

The plaintiffs’ decedent was diagnosed with mesothelioma from asbestos exposure in June 2021.  Shortly after, in …

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Asbestos Exposure / Mesothelioma / Motion to Dismiss / Statute of Limitations
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Defendants’ Motion to Dismiss Based upon Statute of Limitations Denied

Jurisdiction: Supreme Court of New York, New York County

On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria Pawlowski to be diagnosed with peritoneal malignant mesothelioma after undergoing laparoscopic surgery, resulting in a nodule to be removed from her peritoneum.

Defendants filed a motion to dismiss plaintiffs’ complaint based upon the governing statute of limitations pursuant to CPLR § 3211(a)(5). Plaintiffs opposed this dispositive motion.

CPLR § 214-c(2) provides a three-year limitations period for …

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New York / Statute of Limitations
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Claim Accrues Upon Learning of Asbestos-Related Disease, Not Symptoms Manifesting

Supreme Court of New York, New York County, March 14, 2022

In this matter, plaintiff Dominic Baldi worked as an electrician in public schools and was exposed to asbestos throughout his career. The plaintiff filed the Notice of Claim on April 10, 2020, putting the defendant, Amityville Union Free School District, on notice of this matter. Subsequently, the plaintiff filed the instant order to show cause on August 23, 2021, to serve a late Notice of Claim upon Amityville.

Amityville argues that, in a case …

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Choice of Law / New York / Statute of Limitations / Virginia
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Plaintiffs’ Federal Court Action Time-Barred After Choice of Law Analysis

U.S. District Court for the Western District Court of New York, April 6, 2021

In this asbestos action, plaintiffs John and Joyce Castro commenced this lawsuit against several talc defendants in February 2019. As per their interrogatory responses, the plaintiff was diagnosed with mesothelioma on February 29, 2016. As to defendant Revlon, the plaintiff’s alleged indirect exposure to one of Revlon’s talcum powder products occurred only in Virginia.

Revlon filed a motion for summary judgment, arguing that the plaintiffs’ claims are time-barred under New York …

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Minnesota / Statute of Limitations / Summary Judgment
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Summary Judgment Upheld for Brake Manufacturer Based on Statute of Limitations

Supreme Court of Minnesota, July 1, 2020

In 2009, Gary Palmer’s (the decedent) pulmonologist informed him that he had calcium deposits on his lungs due to asbestos exposure. On December 24, 2011, the decedent was diagnosed with mesothelioma and in January 2012, he learned that asbestos exposure had caused his mesothelioma. The decedent passed away on March 1, 2015.

On February 23, 2018, Appellant, Deborah Palmer, filed this action against Honeywell International (the manufacturer of Bendix brakes) (Bendix) under Minn. Stat. § 573.02, subd. 3 (2018).

The appellant alleged the decedent …

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Maryland / Motion to Dismiss / Personal Jurisdiction / Statute of Limitations
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Loss of Valid Statute of Limitations Defense after Re-Filing Not a Bar to Dismissal Without Prejudice

U.S. District Court for the District of Maryland, June 12, 2020

Family members (plaintiffs) of the decedent Cynthia Cartwright alleged exposure to asbestos-containing talcum powder attributed to defendants Cyprus Amax Minerals Company, Avon Products Inc., and Johnson & Johnson Consumer Inc. (JJCI), which the plaintiffs claim resulted in the decedent’s fatal mesothelioma. The plaintiffs initially filed an action in Maryland, and JJCI moved to federal court.  Cyprus and Avon subsequently moved to dismiss based on personal jurisdiction, whereas JJCI moved for partial judgment on the …

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North Carolina / Statute of Limitations / Summary Judgment
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North Carolina Statute of Limitations Bars Mesothelioma Claim

NORTH CAROLINA – The plaintiff, Jody Ratcliff, filed a complaint on March 1, 2017 alleging that her mesothelioma was caused by exposure to asbestos. She sued several groups of defendants, including friction and talc defendants. She alleged that she was exposed to asbestos during the summers from 1987 to 1989 while visiting garages with her father, who was a tool salesman. She also alleged using talc products that allegedly contained asbestos, from 1977 to 2016. The four remaining defendants – Ford; Brenntag Specialties; Whittaker, Clark …

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Illinois / Pleadings Challenge / Statute of Limitations
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Limitations Challenge on Railroad Worker’s FELA Claim Denied

ILLINOIS — The plaintiff Theresa Romcoe filed suit under the Federal Employers’ Liability Act (FELA) against the defendants, Illinois Central Railroad Company and Northeast Illinois Regional Commuter Railroad Corporation dba Metra Rail, alleging that her husband had passed away from esophageal cancer as a result of exposure to asbestos during the course of his employment. Specifically, the decedent had worked in several positions, including as a switchman to conductor from 1974-1984.  The decedent was diagnosed with cancer on September 5, 2013 and passed on November …

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Montana / Statute of Limitations
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Several Claims in Consolidated Action Dismissed Based Upon Statute of Limitations

Following W.R. Grace’s filing for bankruptcy in April 2001, a series of cases were filed against Maryland Casualty, which was the company’s primary general liability insurer from 1962 to 1973. Specifically, the twenty-nine plaintiffs in this matter filed a lawsuit relating to their diagnosis of asbestosis, in the District Court of Montana in November 2001. The plaintiffs originally named the State of Montana only. Maryland Casualty was named in March 2002. Additionally, seven of the twenty-nine plaintiffs had previously filed suit against Maryland Casualty, in …

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California / Case Decisions / Statute of Limitations / Summary Judgment
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Summary Judgment in Favor of Bankrupt Wisconsin Company Affirmed on Statute of Limitations Grounds

CALIFORNIA — Plaintiff David Hart appealed the entry of summary judgment in favor of Special Electric Company on the basis that the claims against the company were time-barred under Wisconsin law. The plaintiff sued Special Electric alleging that his mesothelioma was caused by exposure to asbestos from products supplied by the company.

Special Electric, a Wisconsin corporation, filed for bankruptcy under Chapter 11 in 2004, and by 2006, a plan of reorganization had been entered. By then, all of the company’s assets had been sold …

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