AMERICAN OPTICAL CORP. v. SPIEWAK

Nos. SC08-1616, SC08-1640, SC08-1617, SC08-1639.

73 So.3d 120 (2011)

AMERICAN OPTICAL CORPORATION, et al., Appellants-Petitioners, v. Walter R. SPIEWAK, et al., Appellees-Respondents. American Optical Corporation, et al., Appellants-Petitioners, v. Daniel N. Williams, et al., Appellees-Respondents.

Supreme Court of Florida.

July 8, 2011.


Attorney(s) appearing for the Case

Gary L. Sasso , Matthew J. Conigliaro , and Christine R. Davis of Carlton Fields, P.A., Tampa, FL; and M. Stephen Smith , Michael R. Holt , and Marty Fulgueira Elfenbein of Rumberger, Kirk and Caldwell, P.A., Miami, FL; for Appellants/Petitioners.

Joel S. Perwin , Miami, FL, James L. Ferraro , David A. Jagolinzer and Case A. Dam of The Ferraro Law Firm, P.A., Miami, FL, for Appellees/Respondents.

Frank Cruz-Alvarez of Shook, Hardy and Bacon, LLP, Miami, FL and Mark A. Behrens of Shook, Hardy and Bacon, LLP, Washington, D.C., on behalf of The Associated Industries of Florida, American Insurance Association, Chamber of Commerce of the United States of America, American Tort Reform Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, American Chemistry Council, and National Association of Manufacturers; Caryn L. Bellus of Kubicki Draper, P.A., Miami, FL, on behalf of Florida Defense Lawyers Association; Pamela Jo Bondi , Attorney General, Scott D. Makar , Solicitor General, Craig D. Feiser , Deputy Solicitor General, Russell S. Kent , Special Counsel for Litigation, and Ashley E. Davis , Assistant Attorney General, Tallahassee, FL, on behalf of the Office of Attorney General; Steven G. Gieseler , Stuart, FL, on behalf of Pacific Legal Foundation; Gordon James, III , Valerie Shea of Sedgwick, Detert, Moran and Arnold, LLP, Fort Lauderdale, FL, David J. Schenck of Jones Day, Dallas, TX, Gregory R. Hanthorn and Amber B. Shushan of Jones Day, Atlanta, GA, on behalf of North Safety Products, Inc. and Saint-Gobain Abrasives, Inc.; and Philip M. Burlington and Nichole J. Segal of Burlington and Rockenbach, P.A., West Palm Beach, FL, in behalf of Florida Justice Association, for Amici Curiae.


LEWIS, J.

This case is before the Court on appeal from Williams v. American Optical Corporation, 985 So.2d 23 (Fla. 4th DCA 2008), in which the Fourth District Court of Appeal held that the Asbestos and Silica Compensation Fairness Act (the Act) is unconstitutional as applied to the Appellees. In its decision, the Fourth District also certified conflict with the decision of the Third District Court of Appeal in DaimlerChrysler...

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