Duffy v. CBS Corp.


(Md., filed November 11, 2017): Arguing that statutes of repose promote sound public policy by eliminating the specter of indefinite liability.  Claims barred under a statute of repose cannot be revived by subsequent legislation and courts have routinely upheld the constitutionality of statutes of repose.

Court ruled against ATRA's position

On March 28, 2018, the court disagreed with ATRA’s position and held that the state’s statute of repose for improvements to real property does not bar asbestos personal injury claims where the date of the plaintiff’s last exposure to asbestos-containing products occurred on or before June 30, 1970.

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.