Wis. Court Releases Memorandum Listing Reasons for Denial of Summary Judgment in Asbestos Case

GREEN BAY, Wis. –– A Wisconsin federal court has denied an asbestos defendant’s efforts to obtain summary judgment on grounds that the claims were barred by the state’s statute of repose, concluding that a jury should evaluate whether the defendant’s work was “more in the nature of an improvement or more in the nature of maintenance.”

In a May 11 memorandum of law supporting its denial of summary judgment, the U.S. District Court for the Eastern District of Wisconsin ultimately found that the defendant had failed to meet its burden of establishing that the state’s Construction Statute of Repose bars …