statute of repose


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statute of repose

Legal protection from prosecution or damages that result from the failure of a project completed in the distant past. A statute of repose protects participants in the project (for example, a heart valve manufacturer for its old, currently obsolete heart valves) for a specified number of years after the valve is no longer made, sold, or used in patient care.

Repose statutes differ from statutes of limitation. A statute of limitations provides protection to the valve manufacturer if an injured patient fails to file a claim of damages some number of months after being injured by the operation to implant it. The statute of repose provides the valve maker with an independent protection that states, in essence, that once a sufficient time has passed, the manufacturer has no ongoing relationship with its old products.

References in periodicals archive ?
In addition, the general contractor does not have to worry if the subcontractor maintained insurance during the statute of repose, because if designed correctly, the CIP provides this coverage.
Even if the claim is brought within the statute of repose, also see if it was brought within the three year (in North Carolina) statute of limitations which begins to run upon date of discovery of the problem.
The Court's typical practice would counsel in favor of dismissing the case and awaiting a future case in which the applicability of the statute of repose is truly in dispute.
This Note examines the Supreme Court's reasoning in American Pipe and the distinct policies behind statutes of repose, arguing that the policies motivating [section] 13's statute of repose are not disserved if the American Pipe tolling rule is extended to circumstances factually similar to those faced by the plaintiffs in IndyMac.
A statute of limitation period, unlike a statute of repose, can be extended.
20) Nevertheless, the district court granted summary judgment for the lender, holding that the three-year statute of repose contained in 15 U.
A statute of repose is useful in the general aviation industry due to the longevity of the products, which pose a liability risk for an extended period.
Further, the court rejected Mary's contention that the ten year statute of repose was applicable to the case.
Moreover, many states have a short statute of limitations for medical malpractice, and even a statute of repose, (as does Washington), which forbids suit for any reason even including fraud, after age 7 or 8, an unlikely time for a child to retain his own counsel if his parents were too embarrassed or inattentive to do so.
Scott Walker, Act 2 provides partial protection against market share litigation to manufacturers of ubiquitous products, such as lead paint and asbestos, including a 25-year statute of repose for discontinued products.
We demonstrate that the discovery provision in that regime should be discarded for a singular statute of repose as the discovery provision unnecessarily precludes meritorious claims without providing any more support for the twin rationales beyond what is already provided by a statute of repose alone.
The number of cases, which were abated due to statute of repose within one year in Court of Appeals, is 19,000.
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