Nater Dallafior successfully defended an entrepreneur against personal injury tort claims brought by the heirs of a person who died from asbestos-induced cancer in 2006
The main issue of the case was whether the alleged claims were bared by the statute of limitations. Relying on the Howald Moor decision of the European Court of Human Rights (application nos. 52067/10 and 41072/11), the plaintiffs argued that, since the (allegedly) asbestos-induced cancer developed decades after the asbestos expositions, it had been impossible to file the lawsuit earlier and that, therefore, the defendants could not invoke the statute of limitations.
The defendants convinced the Swiss Federal Supreme Court that the Howald Moor decision did not apply in the case at hand and that our client was allowed to invoke the statute of limitations.Decision of the Swiss Federal Supreme Court of 6 November 2019 in case 4A_554/2013 (to be published in the official gazette of the Swiss Federal Supreme Court as a leading case).
Media release of the Swiss Federal Supreme Court:
https://www.bger.ch/files/live/sites/bger/files/pdf/de/4A_299_2013_2019_11_22_T_d_16_00_54.pdf (in German);
https://www.bger.ch/files/live/sites/bger/files/pdf/fr/4A_299_2013_2019_11_22_T_f_16_01_07.pdf (in French).
The Nater Dallafior team included Roberto Dallafior and Simon Bisegger.
Nater Dallafior successfully defends Holmer Maschinenbau GmbH from Germany against a Russian-controlled company seated in Zug (Switzerland) in an international arbitration administered by the Vienna International Arbitration Centre (VIAC) ›
Nater Dallafior successfully defends a public hospital against personal injury claims brought by a former patient. The state court proceedings were introduced in 2011 and included complex expert witness reports on alleged medical malpractice. ›