STORY FROM: Asbestos
Calif. Appellate Court Affirms Dismissal of Asbestos Claims Against Special Electric as Time-Barred
November 28, 2018
SAN FRANCISCO –– A California appellate court has affirmed the dismissal of asbestos-related claims against Special Electric Company Inc. as time-barred, concluding that the defendant gave sufficient notice of its dissolution.
In the Nov. 26 order, the California Court of Appeal, First District, Division Five, rejected the plaintiff’s position that the operative Wisconsin statute is preempted by Special Electric’s Chapter 11 bankruptcy plan.
The underlying claims were brought on behalf of David Hart, who allegedly developed mesothelioma as a result of exposure to asbestos-containing cement pipe and drywall joint compound products supplied by Special Electric. The defendant sought