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MI HB5456

Bill

Status

Passed

4/10/2018

Primary Sponsor

Jason Wentworth

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Requires plaintiffs in asbestos actions to provide a sworn statement 180 days before trial certifying that all possible asbestos trust claims have been filed, along with complete trust claims materials from all related law firms.

  • Allows defendants to move the court 60 days before trial to compel plaintiffs to file additional asbestos trust claims if sufficient basis exists, with the court able to stay the action until claims are filed.

  • Makes trust claims materials and trust governance documents presumed relevant and admissible as evidence, with no privilege or confidentiality protections available to plaintiffs seeking to bar their use.

  • Permits trial courts to reopen and adjust judgments within one year if plaintiffs file additional asbestos trust claims after obtaining judgment for asbestos trusts that existed at the time of judgment.

  • Applies to asbestos actions filed after the effective date (April 2, 2018) and pending actions not yet at trial, except those scheduled for trial before November 1, 2018.

Legislative Description

Civil procedure; civil actions; asbestos bankruptcy trust claims transparency act; enact. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding ch. 30A.

Torts: civil procedure

Last Action

Assigned Pa 100'18 With Immediate Effect

4/10/2018

Committee Referrals

Michigan Competitiveness1/30/2018

Full Bill Text

No bill text available