Ohio Supreme Court
At issue is whether Ohio's asbestos and silica medical criteria law can be applied retroactively under the Ohio Constitution. As Ohio is a major asbestos litigation state, the case has substantial importance. NFIB believes that retroactive application of the law in and of itself is not a basis for nullifying the legislation and that compelling public policy supports the legislature’s decision to apply the statute to pending claims.
Status: DECIDED. On 10/15/08 the Court upheld the retroactive application of the medical criteria law.