A plaintiff with mesothelioma sued several companies alleging their products were a contributing factor in his disease. While the case was pending, Georgia enacted an asbestos medical criteria statute that imposes a higher standard (“a substantial contributing factor”). The companies appealed a ruling that the new statute is unconstitutional with respect to pending cases because it changes the law retroactively. They argued that the new law is merely procedural, and that the plaintiff failed to show evidence of causation at all.Our amicus brief described the asbestos litigation crisis that led Georgia to change its law and the need for courts to dismiss cases (without prejudice, meaning they can be filed later) where no injury has yet been discovered. We focused on mass filings by non-sick individuals threatening the truly sick, unreliable medical screenings, and the impact of these claims on bankruptcies, peripheral defendants and the Georgia economy.
On Nov. 20, 2006, the Georgia Supreme Court affirmed the lower court, ruling that the new statute affected the plaintiffs' substantive rights and cannot be applied retroactively.