The Ohio Supreme Court, in a move that drew praise from insurance interests, ruled 6-1 that a 2004 state law requiring plaintiffs to submit medical proof of injury from asbestos exposure before their cases are heard be applied retroactively.
According to the court, the statute can be applied without violating the Ohio Constitution's Retroactivity Clause because the law is "procedural and remedial."
At the time the law was passed, the legislature found the existing asbestos personal injury litigation system in the state to be "unfair and inefficient, imposing a severe burden on litigants and taxpayers alike," the court noted.
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