STORY FROM: Benzene & Emerging Toxic Torts Litigation
4th Circuit: Use of COPR at Marine Terminal Constitutes ‘Improvement to Real Property’
December 19, 2016
RICHMOND, Va. ¬– The 4th Circuit U.S. Court of Appeals has upheld a finding that chromium ore processing residue exposure claims are barred by Maryland’s statute of repose, concluding that because use of the chromium as fill was a “crucial” part of the development of the site, it constitutes an improvement to real property.
In the Dec. 2 decision, the 4th Circuit noted that the state’s statute of repose does not make exceptions for hazardous material and while an exception does exist for asbestos claims, it is not in the position to expand that exception to chromium.
The plaintiffs asserted ...