A breakthrough? With Gov. Robert Taft’s signature, Ohio has now enacted the nation’s first legislation establishing medical guidelines for eligibility to file lawsuits over exposure to asbestos and silica (see Sept. 13, Nov. 12). Claimants not ill enough to meet the criteria will have their names placed on an “inactive docket” and will be allowed to proceed with suits if their physical condition worsens. The bill was a major objective of business and insurance groups and faced stiff opposition from trial lawyers, who’ve vowed to challenge it in court. (Jim Provance, “Taft signs bill curbing asbestos suits”, Toledo Blade, Jun. 4; “Taft signs law limiting lawsuits over lung damage from silica”, AP/Ohio News Network, Jun. 2). See also opinion pieces: Doug Bandow, “Asbestos Liability Should Be On Domestic Reform Agenda”, Investors Business Daily/Cato Institute, Feb. 20; “Finding an asbestos compromise”, Copley/TownHall, Apr. 26; Dana Joel Gattuso, “Asbestos Litigation Choking Courts with False Claimants”, Heartland Institute Environment News, May 1). More: Point of Law, Aug. 20.
Ohio reforms asbestos, silica litigation
A breakthrough? With Gov. Robert Taft’s signature, Ohio has now enacted the nation’s first legislation establishing medical guidelines for eligibility to file lawsuits over exposure to asbestos and silica (see Sept. 13, Nov. 12). Claimants not ill enough to meet the criteria will have their names placed on an “inactive docket” and will be allowed […]
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Ohio asbestos-silica law
The Wall Street Journal has an editorial this morning ($ – sub) praising the landmark legislation enacted in Ohio earlier this year which applies medical criteria to asbestos and silica claimants (see Overlawyered, Jun. 6). For more on the legislation,…