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OH HB380
Bill
Status
3/27/2013
Primary Sponsor
John Adams
Click for details
AI Summary
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Claimants in asbestos tort actions must provide a sworn statement within 30 days of discovery commencement identifying all existing asbestos trust claims and related materials, disclosing claim dates and any deferral requests.
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Claimants must update disclosures within 30 days of filing additional asbestos trust claims not previously identified, with failure to timely provide trust claims materials grounds for denying or delaying trial.
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Defendants may file a motion to stay proceedings at least 75 days before trial if they present credible evidence the claimant may have successful claims against additional undisclosed asbestos trusts; claimants have 14 days to either file those claims or contest the motion.
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Asbestos trust claims and materials are presumed authentic, relevant, and discoverable in tort actions and are not privileged despite confidentiality agreements; parties may introduce them at trial to prove alternative causation or allocate liability.
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Courts may impose sanctions including vacating judgments for disclosure violations and may reopen judgments up to one year after entry if claimants subsequently file additional asbestos trust claims that existed at judgment time.
Legislative Description
To require claimants in asbestos tort actions to make certain disclosures pertaining to asbestos trust claims that have been submitted to asbestos trust entities for the purpose of compensating the claimant for asbestos exposure.
Asbestos tort actions-disclosure of asbestos trust claims
Last Action
Effective Date
3/27/2013