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MO HB2438

Bill

Status

Introduced

1/28/2016

Primary Sponsor

Kevin Corlew

Click for details

Origin

House of Representatives

2016 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 contact information, amounts claimed, filing dates, and disposition status

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Select Committee on Judiciary4/21/2016
Civil and Criminal Proceedings3/10/2016

Full Bill Text

No bill text available