Asbestos & Silica Act's Procedural Nature Permits Retroactive Application

MIAMI - Relying on a recent, related decision, a Florida appellate court has reversed a trial court order that found the retroactive application of the state's Asbestos and Silica Compensation Fairness Act unconstitutional. Flowserve Corp. v. Bonilla, et al., No. 3D06-2201 (Fla. Ct. App., 3rd Dist.).

On April 4, Florida's Third District Court of Appeal granted Flowserve Corp.'s petition for a writ of certiorari and reversed the Circuit Court for Miami-Dade County's order denying Flowserve's motion to dismiss Thomas J. Bonilla's claims for an unspecified asbestos-related disease.

The appellate court based its ruling on its Feb. 7 decision in DaimlerChrysler …