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ï»¿Senate approves CTS lawsuit contamination bill
The ruling also impacts Camp Lejeune, where health officials estimate as many as Hermes Winged Boots
It is unclear whether the neighbors of the CTS Corp. plant would be able to proceed with their current legal case, initiated in 2011, or could file a new claim should the bill be signed into law, but lawmakers hope that will be the case.
CTS manufactured electronic components for more than three decades at the plant on Mills Gap Road before it shut down in 1986. But it wasn't until 1999 that severe contamination from the industrial solvent trichloroethylene was found oozing Black Gucci Sneakers Low Top
1 million people may have been exposed to tainted groundwater over several decades. In Tods Shoes Ladies
The justices ruled that the state law strictly bars any lawsuit brought more than 10 years after the contamination even if residents did not realize their water was polluted until years later.
North Carolina has a 10 year "statute of repose" that sets an outer deadline for claims to be filed. Unlike a statute of limitations, which usually begins when an injury is recognized, the clock ticks from the date of the final contamination.
State Rep. Tim Moffitt, R Buncombe, a primary sponsor of the bill in the House, applauded the Senate's action Wednesday. The measure passed both chambers unanimously, and Moffitt said he understands Gov. Pat McCrory intends to sign it.
"The original law was never intended to apply to groundwater contamination, and this bill absolutely clarifies the original legislative intent."
The bill says the state's 10 year statute of repose is not intended to bar people from suing for personal and property injury caused by tainted groundwater, as the Supreme Court decided in a 7 2 ruling handed down on June 9.
up in springs next door to the plant.
The change in North Carolina law could clear the way for legal claims by thousands of Marines and their families who say they were made sick by contamination at Camp Lejeune in the eastern part of the state.
Supreme Court ruling that blocked a lawsuit filed by neighbors of the former CTS plant in Asheville.
"The hope is that this will knock Gucci Shoes For Women Price out the affirmative defense put forward by the defendants in this lawsuit and therefore the pending lawsuit will just continue," he said.
"These are very positive developments for the people of Buncombe County and our service members' families at Camp Lejeune," he said. "The General Assembly clearly believes that the folks who were poisoned should have their day in court.
The new bill says it would apply to actions pending or arising on the date the bill becomes law. It says an action is considered pending if there has been no final court decision with prejudice against the plaintiff covering all the plaintiff's claims for relief.
Rep. Chuck McGrady, R Henderson, who is a lawyer, said the goal is to allow the CTS case to continue.
The Fourth Circuit Court of Appeals said the 1980 federal Superfund law overrules the North Carolina statute, but the Supreme Court disagreed.
2012, President Obama signed a bill into law providing health benefits to Marines and family members exposed to the water from 1957 87.
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