MDL Judge Reconsiders Statute of Repose, Sets Aside Summary Judgment
December 17, 2008
HOUSTON -- The judge presiding over the Texas Asbestos Multidistrict Litigation has set aside an award of summary judgment to two engineering defendants that sought protection from asbestos claims under the statute of repose. Beadle v. Ametek, No. 2007-74, 274 (Texas Asbestos Multi District Litigation).
In the Dec. 17 letter, Asbestos MDL Judge Mark Davidson ruled that since the underlying asbestos plaintiff alleges contact with an asbestos-containing product during a time in which it was a movable asset -- and before it was "annexed" -- the claims against the engineering defendants can proceed.
Judge Davidson previously awarded summary judgment to …