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IL HB4586
Bill
Status
2/5/2020
Primary Sponsor
Margo McDermed
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AI Summary
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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.
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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.
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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.
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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.
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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