Williams, et al. v. American Optical Corp., et al.

Case Updates

The Florida appeals court held that the Asbestos and Silica Compensation Fairness Act may not constitutionally be applied to require claimants with accrued causes of action for damages resulting from exposure to asbestos to plead and prove that any malignancy or physical impairment resulted from their exposure to asbestos. The court ruled that accrued causes of action require plaintiffs only to show that they suffered an injury from an asbestos-related, non-malignant disease.

A Florida intermediate appellate court is considering the constitutionality of applying Florida’s asbestos reform act, which gives priority to those physically impaired by asbestos-related ailments, to pending claims involving exposure to asbestos. In itsbrief, NCLC offered background to the court so that it can understand the “asbestos litigation crisis” which motivated the Florida legislature and governor to act.