Ga. Courts Disagree on Constitutionality of Retroactivity Provision in Legislation

ATLANTA -- Two courts in Georgia have released opposing orders on the constitutionality of a provision relating to retroactivity in the newly enacted asbestos and silica legislation, with one finding the chapter unconstitutional, and the other opining that the plaintiffs had failed to present evidence that their rights are affected under the provision.

The Georgia General Assembly enacted Georgia House Bill 416 to amend tort law in asbestos and silica claims. The legislature included a provision that requires plaintiffs to provide 'prima facie evidence of physical impairment.' The legislature applies to all asbestos and silica claims that were filed after …