United States Third Circuit

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PRUDENTIAL LIFE INS. CO. OF AM. v. US GYPSUM CO., 02-3837

Plaintiff's civil RICO suit to recover monitoring and remediation costs arising from the asbestos-containing materials used in its buildings is time-barred. Plaintiff should have known of its injuries prior to October 20, 1983; because it was not shown to have exercised reasonable diligence in investigating its injuries, no fraudulent concealment on the part of defendants can justify a tolling of the limitations period.

Appellate Information

  • Decided 02/20/2004
  • Published 02/20/2004

Judges

  • Before SLOVITER, NYGAARD and ROTH, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Robert J. Gilson (Argued), Khaled J. Klele, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, David Boies, Robin A. Henry, Boies, Schiller & Flexner, Armonk, for Appellants.

  • For Appellees:
  • Kell M. Damsgaard, Kevin M. Donovan (Argued), Morgan, Lewis & Bockius, Philadelphia, for Appellee U.S. Gypsum Company., Nancy McDonald, Meredith Walling, McElroy, Deutsch & Mulvaney, Morristown, for Appellee U.S. Mineral Products.
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