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Shapley, Jones and Sclafani Obtain Fifth Circuit Victory in Chemical Exposure Case

Chris Shapley, Trey Jones and Joseph Sclafani recently were successful in obtaining a ruling from the Fifth Circuit Court of Appeals reversing a verdict against a wood treating company and rendering judgment in favor of the defendant. The plaintiff alleged that her mother's breast cancer and death were caused by exposure to chemicals from the wood treating plant. The federal appeals court ruled that the plaintiff's claims were untimely under the Mississippi statute of limitations. The court also addressed for the first time the preemptive breadth of Section 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and rejected the plaintiff's argument that the statute of limitations had been tolled by the CERCLA provision.

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