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NJ A2040
Bill
Status
1/9/2024
Primary Sponsor
Eliana Marin
Click for details
AI Summary
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Requires plaintiffs in personal injury lawsuits to file within 30 days a sworn statement confirming all eligible personal injury trust claims have been investigated and filed, along with all related trust claims materials provided to defendants
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Allows defendants to motion for a stay of proceedings if they identify additional trust claims the plaintiff could file, with the court staying the case until claims are filed or the plaintiff explains why filing is not warranted
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Establishes that trust claims materials and governance documents are presumed relevant, authentic, and admissible as evidence, with no privilege claims allowed to block discovery from personal injury trusts
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Entitles defendants found liable to a setoff or credit equal to any compensation the plaintiff received or is presumed to receive from personal injury trusts
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Authorizes courts to impose sanctions, including vacating judgments, for plaintiff non-compliance, and allows judgments to be reopened within three years if plaintiffs file trust claims after obtaining a court judgment
Legislative Description
"Personal Injury Trust Fund Transparency Act;" requires plaintiff to file personal injury trust claims under certain circumstances; addresses allocation of trust claims; establishes scheduling and discovery requirements for certain tort actions.
Judiciary
Last Action
Introduced, Referred to Assembly Judiciary Committee
1/9/2024