Statute of Repose

News & Analysis as of

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...more

Supreme Court Rules CERCLA Does Not Preempt State Statute of Repose

In CTS Corp. v. Waldburger, 13-339, 2014 WL 2560466 (U.S. June 9, 2014), the United States Supreme Court held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund)...more

New Statute of Repose for Legal Malpractice Actions in Tennessee

The Tennessee General Assembly, which recently ended its legislative session, implemented a new statute of repose for legal malpractice actions. Professional malpractice suits against licensed public accountants, certified...more

NJ Court Clarifies Rights to Contribution From Joint Tortfeasors Dismissed Under Statute of Repose

The Superior Court of New Jersey, Appellate Division, recently clarified the applicability of New Jersey’s Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-3, to claims for contribution from parties that have been...more

Bill Updates That Will Make Your Head Spin - Weekly Wrap-Up.

Patent Trolling - The contents of HB 1032 - Patent Trolling have been added to SB 648 - NC Commerce Protection Act and sent to the Senate for a concurrence vote. The new SB 648 now addresses contracts between the NC...more

No Legislative Denouement Yet.....

This week at the General Assembly was full of the hints that the Honorables were ready to wrap things up without actually wrapping things up....more

Supreme Court Ruling Resolves Conflict on State Statutes of Repose

US Supreme Court rules CERCLA Section 309 does not preempt state statutes of repose. Federal causes of action remain unaffected. Last week, in a 7-2 decision, the US Supreme Court ruled in CTS Corp. v. Waldburger that...more

Statute of Repose Agreed to by House and Senate

The Senate unanimously concurred in the House Committee Substitute for Senate Bill 574 after a Senate committee briefly reviewed the new bill today. You'll remember that the House changed the bill from one making technical...more

United States Supreme Court Holds that CERCLA Allows State Statutes of Repose to Limit Plaintiffs’ Injury Claims

This week, the United States Supreme Court issued a ruling of interest to any Potentially Responsible Party regarding the effect of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on state...more

Will The Legislature Have The Final Word On Groundwater Contamination? Looks That Way

Legislators are outmaneuvering School House Rock. Folks my age got a great civics lesson in how a bill becomes a law on Saturday mornings while eating sugary cereal in front of the tv. But a crucial element was missing from...more

Statute of Repose: A New Weapon in Environmental Defense Counsel’s Arsenal

The June 9, 2014, Supreme Court ruling in CTS Corp v. Waldburger represents a victory for companies and landowners with legacy environmental liabilities in states with a statute of repose applicable to tort claims. Moreover,...more

Supreme Court Holds That CERCLA Preemption Is Inapplicable to Statutes of Repose

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), preempts statutes of limitations applicable to state-law tort actions for personal injury or property damage in certain...more

Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of...more

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

Supreme Court Sends Strong Signal that Lower Courts Should Stop Interpreting CERCLA “in a liberal manner” and Focus on the...

The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more

Statutes of Repose Unaffected by CERCLA Requirement that State Law Incorporate Discovery Rule in Statutes of Limitation

On June 9, in CTS Corp. v. Waldburger, et al., No. 13-339, the U.S. Supreme Court held 7-2, that the Fourth Circuit erred in holding that CERCLA Section 9658 applied to the application of the North Carolina statute of repose,...more

Do Statutes of Repose Under CERCLA Really Require Supreme Court Review

Even Superfund lawyers are likely to find the Supreme Court’s decision yesterday in CTS Corporation v. Waldburger to be of limited interest. Unable to reach an agreement about a federal “toxic tort” cause of action, Congress...more

Breaking News: SCOTUS Rules Today CERCLA Does Not Preempt State Statutes of Repose

The United States Supreme Court today ruled that the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), enacted in 1980 to "promote the timely cleanup of hazardous waste sites," does not...more

Supreme Court Decides CTS Corp. v. Waldburger

On June 9, 2014, the United States Supreme Court decided CTS Corp. v. Waldburger, No. 13-339, holding that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) does not preempt state...more

New Plaintiffs’ Claims Dismissed From Morgan Stanley MBS Class Action

On May 27, Judge Laura Taylor Swain of the Southern District of New York granted Morgan Stanley’s motion for reconsideration and dismissed as time-barred claims brought by certain named plaintiffs (the New Plaintiffs) first...more

Construction Law Alert: Long Term Express Warranties

A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the...more

Supreme Court to Review Second Circuit’s Decision that American Pipe Tolling Does Not Apply to the Securities Act’s Three-Year...

The Supreme Court of the United States has granted certiorari in Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc., taking up an issue that affects the management of class action securities litigation....more

Minnesota Court of Appeals Defines Substantial Completion Under Statute of Repose

On March 10, 2014, the Minnesota Court of Appeals issued its decision in Rosso v. Hallmark Homes of Minneapolis, Inc., No. A13-1304. The Court’s decision clarifies that Minnesota’s ten-year statute of repose for construction...more

Supreme Court Will Decide Whether Filing A Class Action Tolls Statute Of Repose Under Federal Securities Laws

Last year, we reported on the Second Circuit’s ruling in Police & Fire Retirement System of City of Detroit v. IndyMac MBS, Inc., 721 F.3d 95 (2d Cir. 2013), that the filing of a class action does not toll the statute of...more

Time-Barred Claim . . . Or Is It? Supreme Court Agrees To Review Fourth Circuit State Statute of Repose Case

As reported on the Ogletree Deakins Environmental Law blog in July of 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or...more

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