Ohio Supreme Court Reviewing Landmark Asbestos Decision

The asbestos lawsuit crisis facing the nation is far from over, but major strides have been made in Ohio to address the growing number of asbestos and "toxic tort" personal injury claims. Tens of thousands of claims are currently pending in Ohio alone, with the bulk of those cases filed in Cuyahoga County (Cleveland), which has been called a haven for asbestos claims.

On Nov. 28, 2007, Attorney Richard Schuster argued before the Ohio Supreme Court in favor of applying the provisions of Ohio's medical criteria law, as passed in House Bill 292, to pending asbestos claims. A decision from the Court is expected 60 to 90 days following the Court date.

Ohio was the first state to pass this type of reform. If the Ohio Supreme Court decides that the new law may be applied to cases pending before the new law was enacted, 40,000 cases will be impacted. Experts predict a decision supporting retroactive application of medical criteria could lead to similar legislative initiatives being proposed in a number of other
states.

The purpose of Ohio's medical criteria law is to expedite the claims of those plaintiffs who are truly sick from asbestos exposure and to ensure financial resources are available for those who are sick now or who may become sick in the future. The law allows claimants who are sick now to bring claims, and it allows unimpaired claimants to bring court actions in the
future when medical criteria are met.

To find out more about this case, contact Schuster directly at (614) 464-5475.