Wal-Mart Plaintiffs Fail to Overcome Statute of Limitations Defense

CINCINNATI - The 6th Circuit Court of Appeals has affirmed a lower court order barring carbon monoxide exposure claims by a group of Wal-Mart plaintiffs who failed to file within Kentucky's one-year statute of limitations. Asher, et al. v. Unarco Material Handling Inc., No. 09-5158 (6th Cir.).

The Circuit Court said in its March 3 published opinion that the group's claims did not relate back to similar claims litigated by another group of employees and were not saved by the discovery rule.

The 21 appellants whose claims were considered in this appeal alleged that they or their spouses were exposed …