Ciba DDT Suit Not Time-Barred By Ala. Law: Judge

By Mike Cherney

Law360, New York (October 05, 2009, 5:20 PM ET) -- A federal judge has ruled that a toxic tort case accusing Ciba Specialty Chemicals Corp. of polluting a town with DDT is not time-barred by Alabama state law, finding that the state law is preempted by the Comprehensive Environmental Response, Compensation and Liability Act.

Judge William H. Steele of the U.S. District Court for the Southern District of Alabama on Thursday denied Ciba's motion for partial summary judgment on the basis of Alabama's rule of repose, which generally time bars claims after 20 years.

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