Partner Kyle Bjornlund was quoted in the recent article “Statute of Repose Doesn’t Bar Asbestos Claim 40 Years Later” published by the Massachusetts Lawyer’s Weekly.
“Kyle E. Bjornlund, a Boston attorney and co-chair of the Massachusetts Defense Lawayers Association’s Toxic Torts Committee, pointed out that while other jurisdictions have included “carve outs” in their statues, creating specific exceptions for latent diseases caused by asbestos, the Legislature did not do so in enacting the Massachusetts statute or in amending it on two subsequent occasions.
“And there were certainly plenty of asbestos-related PI actions pending in Massachusetts courts in 1985 when the statute was most recently revised,” he said.”