Judges: Application of Ohio Asbestos Medical Criteria Law Preempted by FELA

CLEVELAND - An Ohio trial court has ruled that the state's recent asbestos law that created minimum medical criteria requirements for all asbestos claims should not apply to lawsuits brought under the Federal Employers' Liability Act. In Re: FELA Asbestos Cases Filed by Doran & Murphy, LLP, No. CV-073958 (Ohio Comm. Pls., Cuyahoga Cty.).

In an order issued Aug. 24, Cuyahoga Common Pleas Court Judges Harry A. Hanna and Leo M. Spellacy held that the Ohio statute, which was signed into law earlier this year, must be subordinated to well-established federal law such as that which is created under FELA.