Ackison v. Anchor Packing Co.
Pending Before the Ohio Supreme Court

In Ackison v. Anchor Packing Co. (2006-Ohio-7099), the Plaintiff-Appellant alleged that the decedent's exposure to asbestos caused his asbestosis. Among other things, the trial court determined that (1) Appellant had failed to establish a prima facie case under H.B. 292 and (2) H.B. 292 did not impair Appellant's substantive rights and therefore, could be applied to cases pending when H.B. 292 became effective.

The court of appeals, in its decision, addressed the issue of "whether applying the legislation to appellant's case would be unconstitutionally retroactive." The court of appeals rejected Appellees' arguments and concluded that "applying H.B. 292 to appellants asbestos-related claims would be an unconstitutionally retroactive application."

On April 18, 2007, the Ohio Supreme Court accepted the discretionary appeal in Ackison and also certified a conflict between decisions of the Fourth District Court of Appeals decision in Ackison and the Twelfth District Court of Appeals decision in Wilson v. AC & S, Inc., 12th Dist. No. CA2006-03-056, 2006-Ohio-6701, issued on December 18, 2006.

Bricker & Eckler serves as amicus counsel to the Ohio Manufacturers' Association, National Federation of Independent Business/Ohio, Ohio Chamber of Commerce, Ohio Alliance for Civil Justice, and Ohio Chemistry Technology Council