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Orleans Parish Sch. Bd. v. Asbestos Corp. Ltd.

ELR Citation: 27 ELR 21158
Nos. 95-30670, 114 F.3d 66/(5th Cir., 05/22/1997)

The court holds that Louisiana's one-year statute of limitations for delictual actions barred a school board's claims for asbestos removal costs against asbestos manufacturers. The statute of limitations began to run in 1980, when the school board knew that it had a serious asbestos problem and that it necessitated an extensive and expensive removal process. The court also holds that a Louisiana statute allowing an additional year to recover for asbestos abatement work cannot be retroactively applied to "claims as to which prescription has already accrued."

Counsel for Plaintiff
Meyer H. Gertler
Gertler, Gertler, Vincent & Plotkin
127-129 Carondelet St., New Orleans LA 70130
(504) 581-6411

Counsel for Defendant
James C. Gulotta Jr.
Stone, Pigman, Walther, Wittmann & Hutchinson
546 Carondelet St., New Orleans LA 70130
(504) 581-3200

Before POLITZ, Chief Judge, and GOODWIN* and DUHE, Circuit Judges.