Ohio High Court Finds Asbestos Law Retroactive

Law360, New York (October 16, 2008, 12:00 AM EDT) -- The Supreme Court of Ohio has ruled that a 2004 law imposing new limits on asbestos litigation can be applied retroactively, in a decision that could affect nearly 40,000 pending cases in the state.

In a 6-1 decision, the high court ruled that the asbestos legislation was “remedial and procedural,” so applying it retroactively doesn't violate the state's constitutional ban against retroactive laws that affect “substantive” rights.

Ohio's 2004 law, HB 292, created newer, stricter requirements for asbestos litigation to pare down the backlog of cases...
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