Florida Court Rejects Retroactive Application of State's Asbestos Claims Act

FT. LAURDERDALE, Fla. -- A Florida Circuit Court has rejected the retroactive application of the state's Asbestos and Silica Compensation Fairness Act, opining that the Act 'set forth new obligations on the plaintiffs, and abrogated their vested rights, in totality.' Thomas, et al., Case No. 92, 9000 CA 27 (Fla. 17th Jud. Cir. Ct., Broward Cty.).

In the Aug. 11 order, the 17th Judicial Circuit Court for Broward County said that an asbestos plaintiff is sometimes the only witness to exposure and product identification information and that evidence may 'disappear' if they are precluded from pursuing their claims.

'If …