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IN HB1061
Bill
Status
2/6/2018
Primary Sponsor
Matthew Lehman
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AI Summary
HB 1061 Summary
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Repeals prior product liability provisions for asbestos-related claims involving property damage and personal injury, disease, or death from asbestos exposure, effective July 1, 2018.
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Requires plaintiffs in asbestos actions to disclose all asbestos bankruptcy trust claims and related materials to defendants within 30 days of filing, and allows courts to dismiss actions for non-compliance.
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Establishes medical criteria and qualified physician requirements for asbestos and silica claims, requiring detailed medical reports demonstrating physical impairment with at least 15 years of latency for asbestos and at least Class 2 respiratory impairment rating.
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Prohibits class actions and requires individual filing of asbestos and silica claims; restricts discovery until plaintiff establishes prima facie evidence of impairment.
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Directs the legislative council to study appropriate statute of repose duration for product liability actions involving protracted exposure to foreign substances by November 1, 2018.
Legislative Description
Asbestos litigation. Specifies causes of action that may constitute a product liability action. Repeals provisions pertaining to product liability actions that are based upon: (1) property damage resulting from asbestos; and (2) personal injury, disability, disease, or death resulting from exposure to asbestos. Requires certain disclosures regarding asbestos bankruptcy trust claims in civil asbestos actions. Provides medical criteria to set aside and preserve the claims of asbestos and silica claimants without physical impairment, and gives priority to asbestos and silica claimants with malignant conditions and impairing nonmalignant conditions. Urges the legislative council to assign to the appropriate interim study committee
Last Action
Senator Buck added as third sponsor
2/20/2018