December 26, 2007

Re: Recent Pennsylvania Asbestos Opinion

TO THE COMPANIES IN INTEREST:

If it has not already come to your attention, I thought you might be interested in the attached opinion from the Pennsylvania Superior Court filed December 17, 2007. It affirmed summary judgments entered in favor of the moving defendant, John Crane, in a Philadelphia suit. The plaintiffs originally filed asbestos suits (which eventually settled) in the mid-1980's in which they alleged non-malignant asbestos-related diseases and the risk of contracting cancer. Crane was not a defendant in those cases. At that time, Pennsylvania had not yet become a "two-disease" state and plaintiffs were required to bring all claims in one action.

In 2003, following lung cancer diagnoses, the plaintiffs each filed a second suit. You will see that Crane successfully argued that the second suit was barred by the statute of limitations because, when the plaintiffs filed their original action, they were obligated to bring all claims in a single suit and they had sought recovery for, among other things, the risk of developing asbestos-related cancer.

You will see that the case was decided by the Superior Court sitting en banc and that it was a 5 - 4 decision. I have been told that plaintiffs' attorneys are preparing to file a petition for review with the Pennsylvania Supreme Court.

Should you have any questions about this, please do not hesitate to contact Paul Lantieri, Esquire at (215) 665-3301 or Lantieri@bbs-law.com