Loading chat...

CO SB123

Bill

Status

Failed

4/24/2018

Primary Sponsor

Jerry Sonnenberg

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Enacts the "Asbestos Bankruptcy Trust Claims Transparency Act" to increase transparency between asbestos trust claims and civil litigation by requiring plaintiffs to disclose all trust claims filed or potentially filed.

  • Requires plaintiffs to provide a sworn statement identifying all asbestos trust claims within 120 days before trial, including trust contact information, claim amounts, filing dates, claim disposition, and attestation under penalty of perjury that the disclosure is complete.

  • Makes trust claims materials and trust governance documents presumed relevant and admissible in evidence with no claims of privilege, and allows defendants to seek discovery from asbestos trusts with plaintiff consent.

  • Permits courts to stay asbestos actions if plaintiffs fail to make required disclosures within 120 days of trial or if they identify potential claims; allows defendants to move for plaintiff to file identified trust claims with court discretion to compel filing or require exposure verification statements.

  • Applies to all asbestos actions filed on or after the effective date of August 8, 2018, subject to referendum petition provisions.

Legislative Description

Asbestos Trust Claims Transparency Act

Last Action

House Committee on Judiciary Postpone Indefinitely

4/24/2018

Committee Referrals

Judiciary4/4/2018
Judiciary1/29/2018

Full Bill Text

No bill text available