In re: Special Docket No. 73958
Decided by the Ohio Supreme Court on October 11, 2007

The issue in this case was whether a decision by the trial court to apply previous Ohio law instead of H.B. 292's medical criteria provisions (which became effective in September 2004) is a final appealable order. When H.B. 292 was enacted, the General Assembly contemplated this issue and specifically amended R.C. 2505.02 (governing final appealable orders) to permit immediate appeals.

On October 11, 2007, the Ohio Supreme Court held that trial court findings regarding the constitutionality of retroactive application of the prima facie filing requirements for personal-injury asbestos claims, found in R.C. 2307.92, are provisional remedies that constitute final, appealable orders when certain requirements are met.

Read a full analysis of the case written by the Bricker & Eckler appellate group attorneys

Bricker & Eckler served 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

Oral argument before the Supreme Court was held June 5, 2007 and may be viewed on the Ohio Supreme Court website video archives under June 5, 2007.