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ID H0221

Bill

Status

Introduced

2/28/2017

Primary Sponsor

Health and Welfare Committee

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Creates the Asbestos Bankruptcy Trust Claims Transparency Act to address coordination and transparency between civil asbestos lawsuits and asbestos bankruptcy trust claims.

  • Requires claimants to disclose within 45 days of filing all asbestos trust claims filed and all trust claims materials to the court and parties, with supplemental disclosures within 30 days of any new filings or information.

  • Allows defendants to file motions identifying additional asbestos trusts the claimant can claim from, with claimants having 14 days to file those claims, provide evidence of insufficiency, or show the filing costs exceed anticipated recovery.

  • Presumes asbestos trust claims and materials are authentic, relevant, discoverable, and not privileged in civil asbestos actions, allowing their introduction at trial unless evidence rules require exclusion.

  • Imposes sanctions for non-compliance including case dismissal, vacating judgments, and allows courts to reopen judgments if claimants file additional trust claims after obtaining 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

3/1/2017

Committee Referrals

Judiciary, Rules and Administration3/1/2017

Full Bill Text

No bill text available