Michael Shepard’s insights were featured in Law 360’s article, “Mass. Lawmakers Weigh Ending Asbestos Claims Time Limit.”
“The Massachusetts Legislature is eyeing a sweeping change to the state’s construction tort statute of repose by eliminating an ironclad six-year limit on certain construction-related asbestos claims, something proponents say would fix a “draconian” interpretation of the law that leaves many families without legal options.”
Michael Shepard Law 360 , “The statute of repose was never designed to insulate companies that knowingly and intentionally used a toxic product … knowing that product won’t cause an injury to people until after the statute of repose has expired,” said Mike Shepard of Shepard O’Donnell, whose firm represented the Oliver estate before the SJC in a suit against General Electric and Metropolitan Life Insurance.
“A company like GE could install asbestos products today and be fully free, because no one will get an injury within the statute of repose time frame. It takes decades for your injury to manifest,” Shepard added. “We don’t see any downside to changing this law.”
