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MO HB1270

Bill

Status

Introduced

3/12/2015

Primary Sponsor

Don Gosen

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Requires claimants in asbestos tort actions to file a sworn statement within 30 days identifying all asbestos trust claims filed or anticipated, including trust name, amount claimed, filing date, and disposition status

  • Allows defendants to file a motion to stay proceedings if they can demonstrate the claimant has not filed claims against asbestos trusts where a successful claim could reasonably be made; claimants have 14 days to respond by either filing the trust claims or contesting the motion

  • Eliminates privilege and confidentiality protections for asbestos trust claims materials and governance documents, making them admissible as evidence and fully discoverable by defendants

  • Permits courts to impose sanctions, including vacating judgments, for claimants who fail to comply with disclosure requirements or who file additional trust claims after obtaining a judgment without disclosure

  • Applies to asbestos tort actions filed on or after August 28, 2015, and to pending actions where trial has not yet commenced

Legislative Description

Changes the laws regarding asbestos tort claims and asbestos trust claims

Last Action

Public Hearing Completed (H)

4/7/2015

Committee Referrals

Property, Casualty, and Life Insurance3/31/2015

Full Bill Text

No bill text available