Exception To Pa.'s One-Disease Rule

Law360, New York (December 9, 2009, 2:13 PM EST) -- On Oct. 21, 2009, the Pennsylvania Supreme Court issued an opinion in Abrams v. Pneumo Abex Corp., et. al.,[1] following oral argument almost exactly one year ago.

This decision creates a significant exception for plaintiffs who sued for a nonmalignant asbestos-related injury prior to 1992 and recovered damages both for the nonmalignancy and for their increased risk and fear of developing cancer in the future.

One-Disease Claims

In 1992, the Pennsylvania Superior Court, in its seminal decision of Marinari v. Asbestos Corp. Ltd.,[2] changed Pennsylvania from...
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