Calif. High Court Finds Claims Barred by Oklahoma's Statute of Repose
March 5, 2010
DOCUMENTS
- Second District Opinion
- Supreme Court Opinion
SAN FRANCISCO -- The California Supreme Court has reversed an intermediate appellate court ruling, finding that asbestos claims asserted against Foster Wheeler were in fact barred by Oklahoma's statute of repose. McCann v. Foster Wheeler, No. S162435 (Calif. Sup. Ct.).
In the Feb. 18 opinion, the high court determined that although California does have a legitimate interest in offering remedies to its residents, that interest is limited when the conduct of a defendant occurs in another state at a time when the plaintiff was present in that state.
"We conclude that Oklahoma's interest would be more impaired by the …
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