Statute of Limitations Archives

Category: Statute of Limitations

June 30, 2016 • Case Decisions, New York, Statute of Limitations, Summary Judgment

Summary Judgment Denied to Talc Defendant on Statute of Limitations, Burden of Proof, and Causation Issues

In this asbestos personal injury action the plaintiffs allege that Arlene Feinberg contracted mesothelioma because of exposure to asbestos-contaminated talc from defendant Colgate-Palmolive Company’s Cashmere Bouquet. Colgate moved for summary judgment, arguing 1) the plaintiffs’ action is barred by the statute of limitations; 2) the plaintiffs failed to exclude other potential causes of Ms. Feinberg’s … Continued

January 14, 2016 • Case Decisions, Pennsylvania, Statute of Limitations, Summary Judgment

Granting of Summary Judgment Upheld on Appeal; Court Rules Time to File Suit Began with Prior Diagnosis of Asbestosis Based on Virginia Statute of Limitations

The plaintiff in this case alleges that the decedent, Vincent Gatto, was exposed to asbestos while self-employed as a brick mason in Virginia. The decedent was diagnosed with asbestosis in 2003 and then with mesothelioma in 2010. The action was filed in 2011. Following the close of discovery, several defendants moved for summary judgment “based … Continued

November 24, 2015 • Case Decisions, Statute of Limitations, Washington

Decedent’s Failure to Bring Personal Injury Claims for Known Asbestos Injuries Within Statute of Limitations Period During His Lifetime Barred Wrongful Death Suit

The decedent died of several asbestos related diseases in 2011; he was diagnosed with these diseases in 2003. The plaintiff brought a wrongful death claim against manufacturers and distributors of asbestos containing products, and the defendants moved for summary judgment, arguing that the plaintiff could not bring a wrongful death claim because the decedent failed … Continued

November 10, 2015 • Case Decisions, Statute of Limitations, Washington

Washington Appellate Court Applies New Case Law to Bar Wrongful Death Suits if Statute of Limitations Expires on Personal Injury Claim During Decedent’s Lifetime

In 2006, the plaintiff successfully sued two defendants for injuries related to the plaintiff’s workplace asbestos exposure. This judgment was vacated and remanded to federal district court, where it remained pending. The plaintiff passed away in 2012; two years later, his widow filed a wrongful death claim against new defendants. The defendants moved for summary … Continued

March 19, 2015 • Case Decisions, Pennsylvania, Statute of Limitations

Statute of Limitation in Wrongful Death Action Held to Have Commenced at Time of Decedent’s Diagnosis

The administratrix of the decedent’s estate appealed the lower court’s time-barred dismissal of the wrongful death action she commenced on behalf of the decedent, who was diagnosed with mesothelioma on June 17, 2011 and died on July 9, 2012. The action was commenced on January 9, 2014, which was more than two years after the … Continued