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Washington, DC, May 6, 2005——Florida
is poised to enact meaningful asbestos and silica litigation
reform after the House concurred yesterday with the Senate
version of H.B. 1019, asbestos and silica litigation
reform legislation. The bill now goes to Gov. Jeb Bush,
who is expected to sign the legislation.
“We commend the Florida Legislature for passing a bill that
will unclog state courts, making it easier for patients with
valid asbestos and silica claims to receive compensation,” said
ATRA
President
Sherman Joyce. “Courts should focus on those who are
truly sick. The legislature was also wise in assuring that those
who are not sick, but may become so in the future, will not lose
their right to sue if they do become ill.”
With the passage of H.B. 1019, Florida will become the third
state to enact meaningful asbestos and silica litigation reform.
Georgia Gov. Sonny Perdue (R) signed similar legislation last
month while Ohio enacted asbestos and silica reform during the
2004 legislative session.
H.B. 1019 provisions:
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Establish minimum
medical criteria for filing asbestos and silica claims.
These criteria are based on American Medical Association
recommendations;
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Revise the
statute of limitations for filing asbestos and silica
claims. The time period for filing claims begins only after
a patient has demonstrated symptoms of illness;
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Prohibit punitive
damages;
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Provide
limitations for product sellers;
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Strengthens venue
in all asbestos and silica cases.
“We applaud the
Florida Justice Reform
Institute and the Florida business community for
their efforts in passing this legislation,” Joyce said.
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