Defendants to Appeal Decision on Criteria Bill's Retroactive Application

CLEVELAND - Defendants in the Ohio asbestos litigation have filed a notice of their intent to appeal a recent decision that retroactive application of the state's recently enacted asbestos medical criteria law is unconstitutional. In Re: Special Docket No. 73958, No. CA-06-087777 (Ohio Ct. App., 8th App. Dist.).

The notice of appeal was filed Feb. 21, less than a month after three Cuyahoga Court of Common Pleas judges held that Amended Substitute House Bill 292 unconstitutionally eliminated claims of asbestos plaintiffs whose right to bring suit had already vested at the time HB 292 became effective. The appeal will be …