HB3926 Summary

• Establishes new procedural requirements for asbestos actions filed in Illinois, including requirements for plaintiff disclosure of asbestos trust claims within 30 days of filing and a continuing duty to supplement disclosures.

• Requires plaintiffs to file a sworn information form within 30 days detailing exposure history, products involved, manufacturers, specific exposure locations and dates, disease claimed, and certification that all bankruptcy trust claims have been filed.

• Permits defendants to move the court 60+ days before trial to compel plaintiffs to file additional asbestos trust claims, with the court authorized to stay proceedings until claims are filed and materials produced.

• Makes trust claim materials and trust governance documents presumptively relevant, authentic, and admissible in evidence; eliminates privilege protections for these documents and allows defendants to seek discovery directly from asbestos trusts.

• Requires courts to apply a setoff against damages awarded to plaintiffs for amounts received from asbestos trusts and amounts specified in trust governance documents as future payments, distributed proportionally among multiple liable defendants.