Indiana Supreme Court Reverses Ruling on Statute of Repose Exception in Asbestos Case

INDIANAPOLIS - A State Supreme Court has reversed a decision that allowed several asbestos plaintiffs to pursue claims the defendants argued were barred by the 10-year statute of repose because they didn't fit an exception carved out for miners and sellers of asbestos materials. Allied Signal, Inc., et al. v. Ott, No. 02S04-0111-CV-599 (Ind. Sup. Ct.).

In a series of decisions issued March 25, the Indiana Supreme Court reversed and remanded a landmark decision by Allen County Superior Court Judge Stanley Levine, who, in allowing the plaintiffs' claims to go forward, also deemed the repose statute unconstitutional.

Judge Levine's court, …