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IN Supreme Court Votes Statue of Repose Unconstitutional in Asbestos Cases

On October 5, 2015, two of George & Farinas, LLP cases were heard before the Indiana Supreme Court with regard to the state’s 10-year statute of repose for asbestos-related claims. This law was previously interpreted to mean that asbestos victims could only pursue claims against the manufacturers who both mined and sold asbestos, but for claims against manufacturers who were not also miners, it set a 10-year time limit from date of exposure for those who wanted to pursue their claim for injury. This created an impossible standard in asbestos cases as most asbestos diseases are not known until 10-50+ years from date of exposure.

As of March 2, 2016, the Indiana Supreme Court decided in a 3-2 vote, that this statute of repose is indeed unconstitutional and violates equal privileges and protections previsions of the Indiana Constitution. This decision now puts the rights of asbestos victims in Indiana in line with the rights of asbestos victims throughout the U.S., according to Attorney Kathy Farinas.

The two cases George & Farinas, LLP brought before the IN Supreme Court included the family of mesothelioma victim, Ray Geyman, and Larry Myers and his wife, who are living mesothelioma fighters. Both of these parties will now be able to pursue tort claims against the companies responsible for their exposure related illnesses that happened decades ago. “Based on our reading, it would be logical to apply the holding to other similar products that cause latent injuries and death based on the court’s analysis,” said Attorney Farinas in an article on Bloomberg.

For George & Farinas, LLP, this is a monumental victory that will change the course of asbestos-related claims for not only their clients, but all victims throughout Indiana.

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