STORY FROM: Asbestos
Amended Complaints That 'Relate Back' Are Not Time-Barred Under Jones Act, 6th Circuit Rules
December 1, 2000
COLUMBUS, Ohio - Several amended complaints that allege injuries suffered as a result of exposure to benzene are not barred by the Jones Act's three-year statute of limitations because the complaints "relate back" to the original complaints that alleged injuries caused by exposure to asbestos and to "hazardous substances other than asbestos," the Sixth Circuit U.S. Court of Appeals has ruled. Miller, et al. v. American Heavy Lift Shipping, et al., Nos. 99-3703, 99-3705, 99-3707, 99-3708, 99-3709 (6th Cir.).
Writing for the court on Nov. 3, Circuit Judge R. Guy Cole, Jr. ruled that the U.S. District Court of the ...