"Two Disease Rule" Applied Retroactively to Asbestos Cases

Here is an interesting article from Law.com on a recent court decision in Pennsylvania that retroactively applies a "two disease rule" to asbestos cases in that state.

The ruling indicates that plaintiffs who originally brought claims alleging non-malignant asbestos-related diseases are not barred by the statute of limitations if they subsequently develop lung cancer.

There was a dissenting opinion from the Appellate panel from Judge Mary Bowes who stated that:

"The majority's decision will enable plaintiffs who have already been compensated for increased risk and fear of cancer to institute new actions against different defendants based on recent diagnoses of cancer, thus forcing companies to litigate cancer claims that have already been addressed and resolved..."

The complete Opinion can be read here.