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IN HB1400
Bill
Status
1/14/2015
Primary Sponsor
Thomas Washburne
Click for details
AI Summary
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Establishes special proceedings for asbestos personal injury claims in Indiana, effective July 1, 2015.
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Requires plaintiffs to provide a sworn statement to all parties within 60 days of filing identifying each asbestos trust claim filed or anticipated, including trust name, amount claimed, filing date, and claim disposition.
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Requires plaintiffs to provide all trust documents, claim materials, and governance documents within 75 days, plus a list of anticipated claims with trust contact information and claimed amounts.
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Authorizes courts to order plaintiffs to file claims against asbestos trusts identified by defendants and permits courts to stay the immediate action until the plaintiff files and provides proof of the required trust claim.
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Makes asbestos trust claims materials and governance documents admissible as evidence without privilege, allows defendants discovery against identified trusts, and subjects plaintiffs to sanctions for failure to timely provide required information.
Legislative Description
Asbestos litigation. Provides special proceedings for asbestos claims. Requires a plaintiff who files a personal injury action involving an asbestos claim to provide information to all parties in the action regarding each asbestos claim the plaintiff has filed or anticipates filing against an asbestos trust. Provides that if a defendant identifies an asbestos trust not named by the plaintiff, the court shall determine whether to require the plaintiff to file a claim against the asbestos trust and to stay the immediate action.
Last Action
First Reading: referred to Committee on Judiciary
1/14/2015