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February 5th, 2015

Good News from Pennsylvania High Court: Statute of Repose Applies to Asbestos Claims

The Pennsylvania Supreme Court yesterday denied an appeal of an appellate court decision, effectively upholding the state’s 12-year statute of repose in asbestos claims against contractors.

The trial judge had allowed an otherwise time-barred claim to proceed through trial, after which defendant Foster Wheeler appealed the decision. The appellate court overturned the trial court, finding that a prior Pennsylvania Supreme Court opinion’s dicta was not binding precedent, nor intended to be so. The Pennsylvania Supreme Court, by denying the plaintiff’s appeal of the appellate court’s decision, agreed.