Federal Court Asks Ore. Attorney General for Opinion on Statute of Limitations

PORTLAND, Ore. - A federal judge has asked Oregon's attorney general for an opinion on whether a state law that effectively reinstates time-barred lawsuits against Dryvit Systems is constitutional. McFadden, et al. v. Dryvit Systems Inc., No. CV-04-103-ST (D. Ore.).

At issue is a 2003 amendment to Oregon's product liability law that was passed after a federal MDL court hearing cases against Dryvit dismissed the action by Dixie McFadden and Gregory W. and Debra D. Byrne based on Oregon's two-year statute of limitations for product liability claims.

The Oregon legislature subsequently amended the act to allow for claims to …