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MO HB2438
Bill
Status
1/28/2016
Primary Sponsor
Kevin Corlew
Click for details
AI Summary
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Requires claimants in asbestos tort actions to file a sworn statement within 30 days identifying all asbestos trust claims filed or anticipated, including trust contact information, amounts claimed, filing dates, and disposition status
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Allows defendants to file a motion to stay proceedings if they can demonstrate the claimant has potential claims against asbestos trusts that have not been disclosed, with claimants having 14 days to respond by either filing those claims or contesting the motion
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Makes trust claims materials and trust governance documents admissible as evidence with no privilege protections, and allows defendants to seek discovery directly from asbestos trusts
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Authorizes 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
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Applies to asbestos tort actions filed on or after August 28, 2016, 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
Voted Do Pass (H)
4/27/2016