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Bryant v. United States

ELR Citation: 44 ELR 20222
Nos. 12-15424, (11th Cir., 10/14/2014)

The Eleventh Circuit dismissed military families' claims against the government under the Federal Tort Claims Act for various health problems due to their alleged exposure to toxic substances in the drinking water while living at a military base in North Carolina. The North Carolina statute of repose, which provides that “no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action," precludes the case. CERCLA does not preempt North Carolina’s statute of repose. Nor does the North Carolina statute of repose include an exception for latent diseases. As such, the statute of repose bars the families' claims.