Myers v. Crouse-Hinds Division of Cooper Industries, Inc., et al.

Case Updates

Consistent with the Chamber's amicus brief, the Indiana Supreme Court agreed not to overrule Allied Signal v. Ott, interpreting the exception as limited to defendants that both mined and sold commercial asbestos, rather than either mined or sold commercial asbestos. However, the Court adopted new constitutional arguments advanced by the plaintiffs.

The U.S. Chamber, Indiana Chamber of Commerce, and National Federation of Independent Business Small Business Legal Center as amici urged the Indiana Supreme Court to reaffirm the limited scope of an asbestos-specific exception to the Indiana Product Liability Act’s 10-year statute of repose. The statute of repose requires product liability claims to be initiated within ten years of the delivery of a product to a consumer, except where plaintiffs were injured by a defendant that both mined and sold commercial asbestos.

The amicus brief asked the Indiana Supreme Court to reject the plaintiffs’ request that the Court overturn longstanding precedent, Allied Signal v. Ott, interpreting the exception as limited to defendants that both mined and sold commercial asbestos, rather than either mined or sold commercial asbestos. The coalition explained that changing the law now could open the door to a new wave of litigation in the state.

Peter J. Rusthoven, Mark J. Crandley and Mark D. Scudder of Barnes & Thornburg LLP served as counsel for the amici with the U.S. Chamber Litigation Center.