3rd Circuit Applies 'Injury Discovery Rule' To Find Claims Time-Barred

PHILADELPHIA - The Third Circuit Court of Appeals on Feb. 20 affirmed summary judgment for asbestos companies on claims by Prudential Insurance and other companies who sought damages under the Racketeer Influenced and Corrupt Organizations Act (RICO). Prudential Insurance Company of America, et al. v. United States Gypsum Co., et al. No. 02-3837 (D. App., 3rd Cir.)

Prudential, PIC Realty Corp. and 745 Property Investments, the owners and operators of buildings that installed asbestos-containing materials, sought to recover the costs of remediation as well as the cost of monitoring asbestos-containing materials (ACM) in hundreds of their buildings.

Their claims were …