Del. Judge Dismisses Asbestos Claim Against Celotex Trust as Untimely



DOCUMENTS
  • Opinion


WILMINGTON, Del. — A Delaware judge has dismissed an asbestos exposure claim filed with the Celotex Asbestos Settlement Trust, ruling it is untimely because the plaintiff filed her claim more than three years after the decedent’s autopsy confirming the cause of his death.

In a Sept. 6 opinion, Judge Francis J. Jones Jr. rejected the plaintiff’s argument that her claim was tolled from the time the decedent was diagnosed until he or his representative submitted a claim to the Trust and an authorization letter is sent.

“To accept plaintiff’s interpretation would mean that there effectively no time limit to file …






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