Retroactive Application of Ga. Asbestos/Silica Act Found Unconstitutional

ATLANTA -- Finding that recently enacted legislation governing asbestos and silica claims affected plaintiffs' substantive rights, the Georgia Supreme Court found the retroactive application of the legislation unconstitutional. DaimlerChrysler Corp. v. Ferrante, et al., Nos. S06A0902, S06A1219, S06A1221, S06A1222, S06A1223, S06A1225 (Ga. Sup. Ct.).

In the Nov. 20 opinion, the high court noted that prior to the passage of the legislation, asbestos plaintiffs only had to show that exposure to asbestos was a contributing factor in the alleged illness.

'By introducing the requirement that asbestos plaintiffs present prima facie evidence that asbestos was a substantial contributing factor to their …