James A. McVicar v. Standard Insulations, Inc., Armstrong World Industries, Inc.

CLARK, Circuit Judge:

This is an appeal from a summary judgment decision in an asbestos product liability action. We must decide whether the statute of limitations of Mississippi or Florida controls this action. The district court applied Florida’s four-year statute of limitations and dismissed the action on the basis of an opinion by the Mississippi Supreme Court that has since been withdrawn. The withdrawal requires us to reverse the decision below.

Plaintiff James A. McVicar filed his complaint in federal court in Mississippi four years and six months after he first learned that he had…