March 8, 2016
On March 2, 2016, the Indiana Supreme Court struck down Section 2 of the Indiana Product Liability Act and held that its statute of repose “does not apply to cases involving protracted exposure to an inherently dangerous foreign substance, in accordance with Covalt.”

The case, Myers v. Crouse-Hinds Div. of Cooper Indus., Inc., et. al, No. 49S00-1502-MI-119 (Ind. 2016), is significant, especially for companies involved in mass tort litigation, as most claims arising out of exposure in Indiana were historically very difficult, if not impossible, for Plaintiffs’ counsel to pursue. Companies involved in such litigation should prepare for an increase in Indiana-related claims.

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