Fla. Judge Denies Plaintiffs' Constitutional Challenge to ASCFA

WEST PALM BEACH, Fla. - A Florida judge has ruled that plaintiffs' constitutional challenge to the retroactive application of the Asbestos and Silica Compensation Fairness Act to their claims failed because they did not make sufficient 'as-applied' due process challenges and the public interests in support of the Act outweigh the alleged vested rights affected. Ponder, et al. v. American Optical Corp., et al., No. 502003CA9423; Smith v. AC & S Inc., et al., No. 501999CA853 (Fla. 15th Jud. Cir., Palm Beach Cty.).

Judge Elizabeth T. Maass of the 15th Judicial Circuit Court in Palm Beach County also said the …