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AL HB68

Bill

Status

Introduced

3/5/2019

Primary Sponsor

Jim Carns

Click for details

Origin

House of Representatives

Regular Session 2019

AI Summary

HB 68 - Asbestos Trust Claims Transparency Act

  • Requires plaintiffs in asbestos actions to file all available asbestos trust claims within 30 days of filing suit and provide a sworn statement confirming an investigation was conducted.

  • Plaintiffs must provide all parties with trust claim materials from the plaintiff and connected law firms, including claim forms, medical records, depositions, and resolution documents.

  • Defendants may move the court 60 days before trial to require plaintiffs to file additional trust claims if they believe the plaintiff failed to file all available claims; court may stay the action until additional claims are filed.

  • Trust claim materials and governance documents are admissible as evidence, presumed relevant and authentic, with no privilege protection; defendants may seek discovery from asbestos trusts.

  • Defendants are entitled to a setoff against damages equal to amounts the plaintiff received or will receive from asbestos trusts, distributed proportionally among multiple defendants based on their liability.

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

Read for the first time and referred to the House of Representatives committee on Judiciary

3/5/2019

Committee Referrals

Judiciary3/5/2019

Full Bill Text

No bill text available