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Split Georgia High Court Affirms Summary Judgment for Construction Company

ATLANTA - In a 4-3 decision, the Georgia Supreme Court recently upheld summary judgment for a construction company accused of building a defective deck on a home that later collapsed and caused the plaintiff to be injured, ruling that the doctrine of estoppel does not invalidate the statute of repose...

Duane Morris LLP: When Is Defective Construction Work Sufficiently "Unsafe" for N.J. Statute of Repose's Protection of Defendants?

By Robert A. Prentice and Michael W. O'Hara New Jersey's statute of repose 1 (the "Statute") precludes claims arising from the "defective and unsafe" condition of an improvement to real property that are asserted more than 10 years after construction of the improvement...

CERCLA's "Federally Required Commencement Date" Preempts State Statute Of Repose

By Steven M. Siros, Partner, Jenner & Block A Georgia federal district court recently found that CERCLA's "federally required commencement date" preempted a state statute of repose. In In re Camp Lejeune, N.C. Water Contamination Litigation (Free Download), the plaintiffs, who allege...

Williams Mullen: Case Holds That ERISA Claims Based On Initial Investment Decisions Are Time-Barred

BY: MARK S. THOMAS & ROBERT W. SHAW In a suit brought under the Employee Retirement Income Security Act of 1974, as amended ("ERISA") against Bank of America and its Corporate Benefits Committee, the U.S. District Court for the Western District of North Carolina held that certain...

Punitive Damages Award Vacated On Repose Statute In Tobacco Death Case

WEST PALM BEACH, Fla. - (Mealey's) The $5 million punitive damages portion of what was originally an $8 million verdict has been vacated by a Florida appeals court, which found May 2 that the reliance required for the fraudulent concealment claim on which the punitive damages award was based was...

Florida Appeals Court Strikes Punitive Damages, Orders Remittitur On Others In Tobacco Case

WEST PALM BEACH, Fla. - (Mealey's) A Florida appeals court conditionally struck $5 million in punitive damages from a tobacco wrongful death suit June 12 and directed a trial judge to grant remittitur on $15 million in survivors' consortium claims ( Philip Morris USA Inc., et al. v. Sharon Putney...

High Court Agrees To Decide If CERCLA Preempts State’s Statute Of Repose

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Friday [ enhanced version available to lexis.com subscribers ], agreed to take up a case to decide if the Fourth Circuit U.S. Court of Appeals erred in reviving claims brought by North Carolina landowners under the Comprehensive Environmental...

Supreme Court to Decide Securities Act Statute of Repose Issue in IndyMac MBS Case

The U.S. Supreme Court has added yet another lawsuit to its growing list of securities law cases by agreeing to take up the IndyMac MBS securities suit, to consider whether the filing of a class action lawsuit tolls the statute of repose under the Securities Act (by operation of so-called “ American...

U.S. Supreme Court Holds That The Comprehensive Environmental Response Compensation And Liability Act Does Not Preempt A State’s Statute Of Repose

Monday, June 9, 2014, the United States Supreme Court released the decision in the case of CTS Corporation v. Peter Waldburger, et al . The case involved a tort action brought for damages that arose from the release of a hazardous substance, pollutant, or contaminant into the environment. CTS sold...

Duane Morris LLP: Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases

The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann. §...

U.S. Supreme Court Rules That CERCLA Does Not Preempt State Statutes Of Repose

The U.S. Supreme Court has clarified the preemptive power of CERCLA, holding that CERCLA does not preempt state statutes of repose, even though it does preempt certain state statutes of limitation. On June 9, 2014, the Supreme Court ruled in the case of CTS Corp. v. Waldburger , No. 13-339, [ enhanced...

North Carolina Seeks To Amend Statute Of Repose Following Waldburger Decision

Within hours of the Supreme Court's decision in CTS Corporation v. Waldburger , [ enhanced version available to lexis.com subscribers ], finding that that CERCLA's "discovery rule" did not preempt North Carolina's 10-year statute of repose, [ enhanced version available to lexis...

Supreme Court Narrows CERCLA Preemption of State Limits on Tort Claims

In an opinion strictly interpreting the statutory text of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the U.S. Supreme Court limited the scope of a CERCLA provision that is designed to extend state law claims for personal injury or property damage resulting from...

New Jersey Supreme Court Addresses Statute of Repose in Multi-Phase Project

By Robert M. Palumbi In State v. Perini Corp., et. al . (2015 N.J. LEXIS 388) (N.J. April 30, 2015), the New Jersey Supreme Court, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], interpreted the state’s ten year statute of repose (N.J.S.A. 2A:14-1...