774.202

Purpose.

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774.202 Purpose.—It is the purpose of this act to:

(1) Give priority to true victims of asbestos and silica, claimants who can demonstrate actual physical impairment caused by exposure to asbestos or silica;

(2) Fully preserve the rights of claimants who were exposed to asbestos or silica to pursue compensation if they become impaired in the future as a result of the exposure;

(3) Enhance the ability of the judicial system to supervise and control asbestos and silica litigation; and

(4) Conserve the scarce resources of the defendants to allow compensation to cancer victims and others who are physically impaired by exposure to asbestos or silica while securing the right to similar compensation for those who may suffer physical impairment in the future.

History.—s. 2, ch. 2005-274.

Notes of Decisions

Cited in 4 cases, 2006–2011 · leading case: American Optical Corp. v. Spiewak

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American Optical Corp. v. Spiewak (2011) fla · cites it 6× “See § 774.202, Fla. Stat. (2010). Section 774.”

DaimlerChrysler Corp. v. Hurst (2007) fladistctapp · cites it 2× “" The stated purpose of the Act is set forth in section 774.202, Florida Statutes (2005), as follows: Purpose.”

In Re Asbestos Litigation (2006) fladistctapp “Our conclusion is supported by section 774.202, which clearly states the purpose of ASCFA: It is the purpose of this act to: (1) Give priority to true victims of asbestos and silica, claimants who can demonstrate actual physical impairment caused by exposure to asbestos or…”

Mobil Corp. v. Mallia (2006) fladistctapp “Our conclusion is supported by section 774.202, which clearly states the purpose of ASCFA: It is the purpose of this act to: (1) Give priority to true victims of asbestos and silica, claimants who can demonstrate actual physical impairment caused by exposure to asbestos or…”

— 774.202(1) — 1 case

American Optical Corp. v. Spiewak (2011) fla “See § 774.202, Fla. Stat. (2010). Section 774.”

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