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IL HB0153

Bill

Status

Failed

12/3/2014

Primary Sponsor

Dwight Kay

Click for details

Origin

House of Representatives

98th General Assembly

AI Summary

  • Establishes new procedures in Illinois civil procedure code for disclosure of asbestos trust claims in asbestos tort actions.

  • Requires claimants to submit a sworn statement within 30 days of discovery commencement identifying all existing asbestos trust claims and related materials, with penalties for failure to disclose including denial of trial dates.

  • Presumes asbestos trust claims to be authentic, relevant, and discoverable, and presumes trust claim materials are not privileged regardless of confidentiality agreements.

  • Requires claimants to amend disclosure statements within 30 days of filing additional asbestos trust claims not previously identified.

  • Authorizes courts to impose sanctions including vacating judgments for noncompliance with disclosure requirements, and allows reopening of cases to adjust judgments based on subsequent asbestos trust payments obtained after judgment.

Legislative Description

CIV PRO-ASBESTOS TORT ACTIONS

Last Action

Session Sine Die

12/3/2014

Committee Referrals

Rules3/22/2013
Judiciary1/30/2013
Rules1/14/2013

Full Bill Text

No bill text available