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April 10th, 2018

Intent on Making State a Judicial Hellhole- Maryland High Court Holds Statute of Repose Does Not Apply to Asbestos Claims

The Maryland Court of Appeals recently overturned the state appellate court’s Duffy v. CBS Corp. decision. In the case, which involved asbestos claims for wrongful death, the appellate court held that the state’s twenty-year statute of repose for improvements to real property barred an asbestos claim brought for exposure to the substance in 1970. In overturning the appellate court, the Maryland high court most notably disagreed with the appellate court on the issue of when a cause of action arises.

Maryland’s 20-year statute of repose for improvements to real property was first enacted in 1970. It required any claim relating to an improvement to real property to accrue within 20 years . . . → Read More: Intent on Making State a Judicial Hellhole- Maryland High Court Holds Statute of Repose Does Not Apply to Asbestos Claims