Walters v. Blair

In Walters v. Blair, 120 N.C. App. 398, 400, 462 S.E.2d 232, 233 (1995), the plaintiff-employee challenged the constitutionality of N.C. Gen. Stat. 97-63 (1991), which required claimants suffering from asbestosis or silicosis to have been employed in North Carolina for two years. The purposes of that statute were to "prevent forum shopping and to protect against claims for which the employer is not responsible." Id. at 401, 462 S.E.2d at 234. Our Court held that, while those were legitimate state interests, "the statute is grossly underinclusive in that it does not include all who are similarly situated." Id.