Various jurisdictions have developed conflicting tests to determine the limitations period for bringing an asbestos action. Since Congress has enacted a new statute of limitations for admiralty actions, a controversy is raging over which of the various tests should apply. This comment discusses the development of each of the tests, analyzes them in relation to admiralty law, and concludes that the discovery rule should be applied in all asbestos claims in admiralty.
Gathright, Barbara Rhea
"Comments: Admiralty Jurisdiction: The New Wave in Asbestos Litigation,"
University of Baltimore Law Review: Vol. 13
, Article 8.
Available at: http://scholarworks.law.ubalt.edu/ublr/vol13/iss1/8