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Alabama Supreme Court ends toxic-tort catch-22.

Publication: Trial
Publication Date: 01-APR-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
For almost 30 years, would-be toxic-tort plaintiffs in Alabama had to file suit within two years of exposure, even though they might not exhibit medical symptoms until years later. The Alabama Supreme Court set this rule with its 1979 decision Garrett v. Raytheon. (368 So. 2d 516 (Ala. 1979).) Because another state rule prevents plaintiffs from suing until they get sick, Alabama toxic-exposure victims were caught in a catch-22 in which the time was never right to sue for their injuries.

In January, the state high court overruled its 1979 decision and allowed plaintiffs two years from the date...

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