Product Liability -- 2018



Duffy v. CBS Corp.   (Maryland Court of Appeals)

Statute of repose for asbestos cases

The NAM filed an amicus brief in the Maryland Court of Appeals urging the court to uphold a statute of repose for improvements to real property and reject a carve out for manufacturers. A statute of repose establishes an absolute bar to a claimant’s legal action; the absolute legal bar has been upheld by the vast majority of courts, including challenges based on state constitutions. These statutes are especially important to manufacturers that would otherwise be held perpetually liable for improvements to real property. The NAM’s brief explained that statutes of repose for improvements to real property, such as the law at issue, represent an important component of a balanced liability system. The Maryland Court of Appeals held that the statute of repose does not bar asbestos personal injury claims when the plaintiff’s last exposure to asbestos-containing products occurred before the statute of repose was enacted.


Related Documents:
NAM brief  (November 7, 2017)