Judge: Initial Application of Joint Compound Doesn't Constitute Incorporation

PHILADELPHIA -- The court overseeing the federal asbestos multidistrict litigation has determined that under Virginia law, the point of incorporation of joint compound into the "improvement" of real property is not application, but rather the project's completion. In re: Asbestos Products Liability Litigation, MDL No. 875; Anderson v. Alfla Laval Inc., et al., No. 07-63839 (E.D. Pa.).

"We cannot ignore the language in ... which the Virginia Supreme Court references incorporation as something that has been completed," Magistrate Judge David R. Strawbridge of the U.S. District Court for the Eastern District of Pennsylvania wrote in the July 10 opinion.

The …