Asbestos Exposure Case Against Union Pacific Untimely, 5th Cir. Rules

NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has upheld an award of summary judgment to Union Pacific Railroad in an asbestos case, ruling that the plaintiff’s claims were untimely because the parties’ implied agreement to extend the tolling agreement “indefinitely” is unenforceable under Texas law.

In a March 13 opinion, the appellate panel explained that under Texas law, indefinite tolling periods are unenforceable; agreements may toll limitations periods only for a “defined and reasonable amount of time.”

James Chapoy sued Union Pacific in 2020 under the Federal Employers Liability Act, alleging that he was diagnosed with …