OHIO Will bill reduce suits?

The proposal's opponents are likely to challenge it in court.
TOLEDO (AP) -- Ohio is moving toward becoming the first state in the nation to clamp down on lawsuits against companies that made asbestos.
Legislation could wipe away more than half of the 40,000 asbestos cases pending in Ohio courts that were filed by people exposed to the substance widely used in building material during the 1950s and 1960s.
How much impact the asbestos bill will have if it becomes law, though, may rest largely with the courts.
That's because opponents of the proposal are sure to challenge it because of a provision that makes the bill retroactive to include lawsuits already filed.
"There's a good likelihood that this piece of legislation could wind up in the Supreme Court of the United States," said William Weisenberg, director of government affairs for the Ohio State Bar Association.
"It could be years before people will really know if it's going to stand up," he said.
Setting standards
The bill, which passed the House earlier this month and will go before the Senate next year, would set medical standards for asbestos-related lawsuits.
People who haven't developed cancer or who have lost a measurable amount of lung function could have their cases put on hold.
Showing exposure to asbestos or even physical changes to the lungs no longer would be enough to sue asbestos makers.
Supporters of the bill say the thousands of asbestos lawsuits have forced 70 companies nationwide into bankruptcy, including five in Ohio -- most notably Toledo-based Owens Corning.
The maker of building materials and fiberglass filed for bankruptcy protection in October 2000 because of rising costs from asbestos lawsuits. It stopped selling insulation that contained asbestos 25 years ago.
"This bill protects jobs in Ohio and protects Ohio companies," said Sen. Steve Stivers, a Columbus Republican. "It makes sure that those who are sick go to the front of the line."
Supporters, who include a number of business leaders and Gov. Bob Taft, say there are so many lawsuits that those who are truly sick have to wait longer to get compensated.
Overall, insurers have lost $65 billion to asbestos settlements, estimates A.M. Best Co., a national insurance rating agency.
"Asbestos is clearly the biggest lawsuit crisis we have in Ohio," Stivers said.
It was widely used for building materials, including insulation and piping used in steel mills, auto plants and ships.
When inhaled, it can lead to a fatal respiratory disease.
Ohio has the fifth-highest number of asbestos claims remaining in the courts.
Accusing lawmakers
Tom Bevan, a suburban Cleveland attorney who represents asbestos victims, accused lawmakers of "legislative malpractice."
Bevan said that medical standards for asbestos lawsuits would shut out people who are deserving of compensation.
"Every one of my clients has been examined and diagnosed with an asbestos-related lung disease," he said. "Every single one of them."
He estimated that up to 80 percent of his 6,000 pending cases could be thrown out. If that happens, he could look to other states to file the lawsuits.
"If 5,000 of my clients' cases got thrown out of Ohio, I would look to seek justice in another state," he said. "But there's no guarantee it would work."
That would depend on whether an out-of-state judge would allow it.
And in some cases judges still could decide to keep the lawsuits alive if they think a person's rights would be violated by dismissing their lawsuit.
"In essence you have a situation where judges are going to make decisions on a case-by-case basis," Weisenberg said.