Wilson v. AC&&S, Inc.
Dismissed by the Ohio Supreme Court

On December 18, 2006, the Twelfth District Court of Appeals in Butler County reversed the trial court's decision and held that certain provisions of Ohio's new asbestos law (H.B. 292) are not unconstitutionally retroactive when applied to cases pending prior to the effective date of H.B. 292. In rendering its unanimous twenty-nine page decision in Wilson v. AC&S, Inc. (Case No. CA2006-03-056), the Twelfth District became the first appellate court to reach the merits of this important issue.

Plaintiff filed a Notice of Appeal to the Ohio Supreme Court but the case was dismissed on April 17, 2007 due to the certification of the conflict between the Wilson case and Ackison v. Anchor Packing Co. The Wilson case will be briefed and heard as part of the Ackison case.

Synopsis of the Wilson case -- Analysis prepared by Anne Marie Sferra, chair of the Bricker & Eckler appellate practice.