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IN HB1181
Bill
Status
2/19/2019
Primary Sponsor
Matthew Lehman
Click for details
AI Summary
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Plaintiffs in asbestos lawsuits must provide a sworn statement within 30 days of filing confirming all eligible asbestos trust claims have been filed, along with all trust claims materials from their legal representatives.
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Defendants may file a motion up to 60 days before trial to require plaintiffs to file additional trust claims, but must identify the specific claims and provide supporting information for their belief in plaintiff eligibility.
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Courts must dismiss asbestos actions if plaintiffs fail to comply with disclosure requirements, and must stay proceedings until plaintiffs file any court-ordered additional trust claims.
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Trust claims materials and trust governance documents are presumed relevant and authentic, are admissible as evidence, and cannot be shielded by privilege or confidentiality claims.
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Effective date: July 1, 2019; amends Indiana Code IC 34-61 to create the "Asbestos Trust Claims Transparency Act."
Legislative Description
Asbestos litigation. Requires certain disclosures regarding asbestos trust claims in civil asbestos actions. Requires a defendant to identify additional trust claims that a defendant believes a plaintiff is eligible for in a written motion (motion). Requires a defendant to disclose, in the defendant's motion, the basis for the defendant's belief that a plaintiff is eligible for an additional trust claim. Prohibits a defendant from filing an additional motion alleging plaintiff eligibility for additional trust claims in certain instances.
Last Action
First reading: referred to Committee on Judiciary
2/27/2019