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Mass Torts
5/29/2008 12:20:46 PM EST
Bryan Redding
Florida court's retroactive ruling retroactively breathes life into asbestos claims
Posted by Bryan Redding
LexisNexis Law Center Staff

Looks like the battle over asbestos legislation in Florida isn't over yet ...

After two courts found the legislation could apply to cases pending at the time of the legislation's passage, the Fourth District Florida Court of Appeal has found that it can't.  Review was sought but denied in both cases where retroactive application was found to be appropriate.  I'm guessing that there's no question this will be the third such case, by my count, to petition the Florida Supreme Court on the issue. 

And now that it has a conflicting ruling, an issue the plaintiffs have hammered at in their prior appeals to the Supremes, it might just be more likely to take a look-see.

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