The NAM joined with six business groups in an amicus brief 4/14/06 supporting Georgia’s new asbestos medical criteria law that requires plaintiffs to prove that asbestos was a substantial contributing factor in their claim for damages. The lower court ruled that the new statute is unconstitutional with respect to pending cases because it changes the law retroactively. Our amicus brief described the asbestos litigation crisis that led Georgia to change its law and the need for courts to dismiss cases 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 thus could not be applied retractively.