Fla. Courts Applying High Court's Recent Ruling on Asbestos and Silica Act

TALLAHASSEE, Fla. - A Florida appellate court cited the state Supreme Court 's recent holding on the constitutionality of provisions in the Asbestos and Silica Compensation Fairness Act in reinstating asbestos claims by plaintiffs whose cases were dismissed based on the law. American Optical Corp., et al. v. Williams, et al., No. SC08-1617; American Optical Corp., et al., v. Spiewak, et al., No. SC08-1616 (Fla. Sup. Ct.).

In a majority decision reached in an asbestos case and released on July 8, the high court opined 5-2 that the act unconstitutional when applied retroactively, and that "common law of Florida has …