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.
- Decided 02/20/2004
- Published 02/20/2004
- Before SLOVITER, NYGAARD and ROTH, Circuit Judges.
- United States Third Circuit
- 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.