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IL HB4586

Bill

Status

Introduced

2/5/2020

Primary Sponsor

Margo McDermed

Click for details

Origin

House of Representatives

101st General Assembly

AI Summary

  • Adds Part 24 to the Civil Practice Law addressing asbestos trust claims, finding that over 120 employers declared bankruptcy due to asbestos liability and that lack of transparency regarding trust claims has resulted in suppressed evidence in asbestos actions.

  • Requires plaintiffs to provide all parties within 30 days of filing an asbestos action with a sworn statement confirming all available asbestos trust claims have been filed and all trust claim materials from connected law firms.

  • Establishes a continuing duty for plaintiffs to supplement trust claim information within 30 days of supplementing, receiving additional information about, or filing additional asbestos trust claims.

  • Permits defendants to move for a court order at least 60 days before trial requiring a plaintiff to file additional trust claims if the defendant believes all claims were not filed; allows the court to stay proceedings until claims are filed.

  • Makes trust claim materials and trust governance documents presumed relevant and admissible without privilege protections; allows defendants to seek discovery from asbestos trusts with plaintiff consent; entitles defendants to a setoff equal to amounts the plaintiff received or will receive from trusts.

Legislative Description

CIV PRO-ASBESTOS TRUST CLAIMS

Last Action

Rule 19(b) / Re-referred to Rules Committee

6/23/2020

Committee Referrals

Rules6/23/2020
Judiciary - Civil3/12/2020
Rules2/5/2020

Full Bill Text

No bill text available