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IL HB5250

Bill

Status

Introduced

1/27/2022

Primary Sponsor

Keith Wheeler

Click for details

Origin

House of Representatives

102nd General Assembly

AI Summary

HB5250 Summary: Asbestos Actions

  • Requires plaintiffs to disclose within 30 days of filing all asbestos trust claims filed and all trust claim materials from connected law firms, with a continuing duty to supplement within 30 days of any changes.

  • Allows defendants to move the court at least 60 days before trial if they believe plaintiff has not filed all available asbestos trust claims, and requires the court to stay the action until plaintiff complies if sufficient basis exists.

  • Makes trust claim materials and trust governance documents presumed relevant and admissible in evidence, with no privilege protection available to plaintiffs to withhold these materials or prevent defendant discovery from asbestos trusts.

  • Entitles defendants to a setoff against damages equal to amounts plaintiff has received or will receive from asbestos trusts, with setoffs distributed proportionally among multiple defendants based on their liability.

  • Requires plaintiffs to file a sworn information form within 30 days specifying exposure details, product identification, manufacturers, disease claims, and bankruptcy trust filings; dismissal without prejudice applies to defendants not identified in required disclosures or if plaintiff fails to comply.

Legislative Description

PLEADINGS-ASBESTOS ACTIONS

Last Action

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

2/18/2022

Committee Referrals

Rules2/18/2022
Civil Procedure & Tort Liability Subcommittee2/14/2022
Judiciary - Civil2/9/2022
Rules1/31/2022

Full Bill Text

No bill text available