Limitations
Statutes of Limitations and Repose in Mass Torts
Each state prescribes a time period for a person to bring a personal injury lawsuit, usually between 1 and 3 years. In the context of mass torts, which deal with products or materials that may have been affecting individuals for many years or even decades, courts have used doctrines such as the discovery rule, fraudulent concealment, and equitable tolling to take account of these realities and avoid the harsh result of strictly applied limitations. At the same time, some states have adopted statutes of repose, which may insulate target defendants after specified periods of time. Another issue that often arises is whether actions in one forum affect the statute of limitations in another—so-called cross-jurisdictional tolling. Decisions on these issues shape the size and breadth of a mass tort.