Fla. High Court Revives Pre-2005 Asbestos Injury Claims

Law360, New York (July 8, 2011, 8:14 PM EDT) -- Florida's highest court on Friday ruled that a 2005 state law heightening the standards for bringing personal injury claims related to asbestos exposure could not apply retroactively to injuries that manifested before the law became effective.

In a 5-2 decision, the Florida Supreme Court concluded that the retroactive application of the state's Asbestos and Silica Compensation Fairness Act — a measure that requires plaintiffs to prove an “actual physical impairment” or “existing malignancy” in order to bring a cause of action based on an alleged exposure...
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