STORY FROM: Asbestos
Ky. Affirms Dismissal of Fraud Claims Filed by Garlock Against Former Asbestos Plaintiff
March 8, 2016
FRANKFORT, Ky. –– A Kentucky appellate court has affirmed the dismissal of a fraud action filed by Garlock against an asbestos plaintiff, saying that, even if the allegations in the complaint are true, the claims are still untimely since they were filed more than three years after judgment was entered.
In the March 3 opinion, the Kentucky Court of Appeals additionally explained that under state law, Garlock Sealing Technologies would have had to establish that the fraud not be perjury or falsified evidence in order to qualify for a “more flexible ‘reasonable time’ standard.”
The asbestos plaintiffs asserted the claims ...