Georgia's new, more stringent requirements for filing asbestos injury suits are not retroactive for cases already filed, the State Supreme Court has found.
In a ruling on several asbestos claims cases, the high court agreed with lower tribunals that applying the new law retroactively would affect the substantive rights of claimants by adding a new element to their claims that did not exist when they were originally filed.
"Prior to passage of the Act, in order to establish a claim for asbestos-related injuries, a plaintiff was required to show only that exposure to asbestos was a contributing factor in his or her medical condition," Justice Carol W. Hunstein noted in the court's opinion, which was unanimous.
Continue Reading for Free
Register and gain access to:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
