HB 1225 Summary

• Plaintiff must provide a sworn statement within 60 days of filing an asbestos personal injury action identifying each asbestos claim filed or anticipated against an asbestos trust, including trust name, amount claimed, filing date, disposition, and any requests to delay or toll the claim.

• Plaintiff must provide within 75 days copies of all executed proofs of claim, trust documents (including claims materials and governance documents), current claim status, and a list of anticipated future claims against asbestos trusts.

• Defendants may file a motion to require plaintiffs to file claims against asbestos trusts not initially named; courts may order plaintiffs to file such claims and stay the immediate action until proof of filing is provided.

• Trust claims materials and governance documents are admissible as evidence with no privilege or confidentiality protection; defendants may seek discovery against asbestos trusts, and plaintiffs must consent to release of materials sought by defendants.

• Asbestos trust claims materials sufficient for payment consideration constitute prima facie evidence that products from that trust caused or contributed to the plaintiff's injuries; plaintiffs failing to timely provide required information are subject to sanctions.