A 2005 tort reform law restricting litigation rights on asbestos claims to seriously injured asbestosis victims was declared unconstitutional Friday on a 5-2 vote of the Florida Supreme Court.
The Asbestos and Silica Compensation Fairness Act affecting about 3,000 people was struck down for casting aside Florida common law to give unfair advantage to corporate defendants. The law required limited court access to plaintiffs to prove an existing malignancy or actual physical impairment where asbestos exposure was a substantial contributing factor.
