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ID H0177
Bill
Status
2/14/2017
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
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Establishes the Asbestos Bankruptcy Trust Claims Transparency Act by adding Chapter 31 to Title 6, Idaho Code, requiring claimants to disclose all asbestos trust claims and related materials within 45 days of filing an asbestos action or face potential dismissal.
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Requires claimants to provide sworn statements confirming all asbestos trust claims have been filed, produce all trust claims materials from all associated law firms, and supplement disclosures within 30 days of any new trust claim activity.
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Allows defendants to file motions identifying additional or alternative asbestos trust claims the claimant can pursue, with courts authorized to stay proceedings until claimants file identified claims or provide verified statements explaining inability to do so.
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Creates a rebuttable presumption that claimants proceeding to trial before trust claims are resolved are entitled to compensation specified in applicable trust governance documents, with courts taking judicial notice of trust compensation amounts and establishing attributed values.
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Authorizes courts to impose sanctions for non-compliance with disclosure requirements, including judgment vacation, and permits reopening of judgments within one year if claimants file trust claims after obtaining judgment on claims that existed at the time of judgment.
Legislative Description
Adds to existing law to provide transparency in actions involving asbestos bankruptcy trust claims.
ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT
Last Action
Reported Printed and Referred to Judiciary, Rules & Administration
2/15/2017