Fla. Court Upholds Retroactive Application of Medical Criteria Law

MIAMI - A Florida appellate court has reversed an order that found the retroactive application of the state's asbestos and silica medical criteria law unconstitutional, ruling that the retroactive application of the prima facie requirement does not violate due process rights. DaimlerChrysler Corp. v. Hurst, et al., No. 3D06-2593 (Fla. Ct. App., 3rd Dist.).

In a Feb. 7 opinion, the Florida Third District Court of Appeal granted DaimlerChrysler Corp.'s petition for a writ of certiorari, quashed the order under review and remanded to the Circuit Court for Miami-Dade County for entry of an order granting DaimlerChrysler's motion to dismiss.

DaimlerChrysler …