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AL HB100

Bill

Status

Engrossed

4/25/2019

Primary Sponsor

Jim Carns

Click for details

Origin

House of Representatives

Regular Session 2019

AI Summary

  • Creates the Asbestos Exposure Transparency Act requiring plaintiffs in asbestos actions to file sworn affidavits within 90 days disclosing personal information, the alleged disease, all known asbestos exposure sources, products, locations, dates, and defendants' connections to exposures.

  • Provides alternative compliance option allowing plaintiffs to file all available asbestos trust claims and produce all trust claim materials within 90 days instead of providing the detailed exposure affidavit.

  • Establishes rebuttable presumption that trust claim materials and trust governance documents are relevant, authentic, and admissible in evidence with no privilege or confidentiality protections available.

  • Permits defendants to seek discovery from asbestos trusts and requires plaintiffs to provide consent for trust information release; allows defendants to move for court orders requiring plaintiffs to file additional trust claims at least 60 days before trial.

  • Dismisses plaintiff's claim without prejudice if affidavits or trust claims are not provided within 90 days or if plaintiff fails to satisfy court orders to supplement required information; becomes effective three months after passage.

Legislative Description

Civil procedure, Asbestos Trust Claims Transparency Act, disclosure of all viable asbestos trust claims required, Secs. 6-5-690 to 6-5-696 added.

Civil Procedure

Last Action

Pending third reading on day 20 Favorable from Judiciary

5/14/2019

Committee Referrals

Judiciary4/25/2019
Commerce and Small Business3/5/2019

Full Bill Text

No bill text available