Litigation Challenging H.B. 292:
The Ohio Asbestos Litigation Reform Law of 2004

There are several cases decided or pending which present challenges to the H.B. 292, the Ohio asbestos litigation reform act, that passed the Ohio General Assembly in 2004. The cases, their status and, where available, the briefs and orders are set forth below.

Norfolk Southern Railway Co. v. Bogle
Decided by the Ohio Supreme Court on October 10, 2007
Issue: Whether statutory requirements for a prima facie showing violate the Supremacy Clause of the U.S. Constitution.

Ackison v. Anchor Packing Co.
Pending before the Ohio Supreme Court after a decision from the Fourth District Court of Appeals in Lawrence County.
Issue: Whether the H.B. 292 reforms can be applied to pending cases.

In re: Special Docket No. 73958
Decided by the Ohio Supreme Court on October 11, 2007
Issue: Whether a decision by the trial court to apply previous Ohio law to pending cases instead of H.B. 292's medical criteria provisions is a final appealable order.

Sinnott v. Aqua-Chem, Inc.
Decided by the Ohio Supreme Court on October 25, 2007.
Issue: Whether the trial court's decision finding that the plaintiff made a prima facie showing is a final appealable order.

Wilson v. AC&&S, Inc.
Dismissed by Ohio Supreme Court after a decision from the Twelve District Court of Appeals in Butler County but will be heard and briefed as part of the Ackison case.
Issue: Whether the H.B. 292 reforms can be applied to pending cases.

Wagner v. Anchor Packing Co.
Remanded to trial court by Fourth District Court of Appeals in Lawrence County
Issue: Whether the H.B. 292 reforms can be applied to pending cases.