Appeals Court Halts Retroactive Application of Florida Asbestos, Silica Act

WEST PALM BEACH, Fla. - A Florida appeals court has rejected retroactive application of the state's Asbestos and Silica Compensation Fairness Act, ruling that courts cannot require claimants who filed claims prior to the statute's enactment to plead or prove that they developed a malignancy or impairment as a result of their exposure. Williams, et al. v. American Optical Corp., et al., No. 4D07-143 (Fla. Ct. App., 4th Dist.).

In a decision released May 28, the Fourth District Court of Appeal reversed trial court decisions dismissing several asbestosis claims on the ground that they failed to meet medical criteria established …