American Optical Corporation, Appellants-Petitioners v. Walter R. Spiewak, Appellees-Respondents American Optical…

Summary

The Florida Supreme Court affirmed the Fourth District Court of Appeal, holding that the Asbestos and Silica Compensation Fairness Act cannot be applied retroactively to plaintiffs whose asbestos-related causes of action had already accrued because such application destroys vested property rights in violation of the Florida Constitution’s due‑process clause. The Court also rejected the Third District’s contrary view and noted that the Act’s remedial purpose does not excuse its substantive impairment of vested rights. Justice CANADY’s dissent argued that no vested right existed absent a health impairment and therefore the Act does not abrogate any right.