3rd Circuit Follows Reasoning Outlined by Virginia High Court on Statute of Limitations for Separate Disease

PHILADELPHIA –– The U.S. Court of Appeals for the 3rd Circuit has affirmed the dismissal of an asbestos action after considering the Virginia Supreme Court’s response to the question of whether a Virginia plaintiff’s cause of action for damages for mesothelioma accrue at the time of the mesothelioma diagnosis or when the plaintiff was diagnosed with a non-malignant asbestos-related disease decades earlier.

In the April 11 opinion, the 3rd Circuit followed the reasoning outlined by the Virginia Supreme Court and affirmed the District Court order dismissing the underlying case as time-barred.

The high court issued its opinion in …