General Assembly makes technical corrections to CTS Clarification Law

01
Jul 2014
General Assembly makes technical corrections to CTS Clarification Law

Earlier today, the North Carolina Senate passed SB 58 by a vote of 45-0.  SB 58 had previously passed the NC House of Representatives on Wednesday by a vote of 112-0.  The bill awaits the signature of Governor McCrory.  SB 58 (text) makes technical corrections to the CTS Clarification Law, Session Law 2014-17, which passed the legislature unanimously and was signed by the Governor last week.

 

In this technical corrections bill, the General Assembly "finds that it never intended the statute of repose in G.S. 1-52(16) to apply to claims for latent disease caused or contributed to by groundwater contamination, or to claims for any latent harm caused or contributed to by groundwater contamination."  The General Assembly intended the statute of repose in N.C.G.S. 1-52(16) to be restricted to products liability actions based upon disease.

 

This law will clarify ambiguity regarding the North Carolina statutes of repose, which contributed to the United State Supreme Court decision in CTS v. Waldburger (details).

 

UPDATE 7/1/14: SB 58 was signed into law by the Governor on June 30, 2014 at 4:49pm as Session Law 2014-44 (Full text).