Defendants Challenge Neb. Statute of Repose on Equal Protection Grounds

OMAHA, Neb. -- Several defendants have filed a motion to dismiss a Nebraska case based on the statute of repose, arguing that state legislation enacted nine years ago violates the Equal Protection Clause because it discriminates between resident and out-of-state manufacturers. Vondra, et al. v. Barton Solvents Inc., et al., No. 07-85 (D. Neb.).

On April 30, defendants Shell Oil Co., Union Oil Company of California, Chevron USA Inc., and Shell Chemical LP, filed a motion for summary judgment in the U.S. District Court for the District of Nebraska, contending that the controlling law in place when the alleged exposure …