Statutes Of Repose In Environmental Litigation After CTS

Law360, New York (April 26, 2016, 10:45 AM EDT) -- A recent decision by the U.S. Court of Appeals for the Fourth Circuit has again focused attention on the unique role that statutes of repose can play in environmental litigation. In Stahle v. CTS Corp., decided March 2, 2016, the court reversed the lower federal court and determined that "disease claims" are not subject to the North Carolina statute of repose, which is contained in North Carolina General Statutes Section 1-52(16), a law that, since 1979, has established defenses to personal injury and property damage lawsuits based on a state statute of limitations as well as a statute of repose. The lower court, presiding over a personal injury claim that the release of toxic pollutants into a body of water adjacent to a former CTS manufacturing facility had caused the plaintiff to contract leukemia, determined that the law, in particular the law's statute of repose, was not ambiguous and that it clearly applied to this lawsuit which was based on an injury that allegedly occurred many years ago. The plaintiff and his family moved away from this area in 1968, CTS sold the facility in 1987 and the lawsuit was not filed until 2014. Accordingly, the court dismissed the lawsuit....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!