PLEADINGS-ASBESTOS ACTIONS
Summary
Amends the Civil Practice Law of the Code of Civil Procedure to add a Part concerning asbestos trust claims. Provides that within 30 days after an asbestos action is filed, the plaintiff shall provide all parties with certain disclosures. Provides that a plaintiff has a continuing duty to supplement the information. Provides that, not less than 60 days before trial, if a defendant believes the plaintiff has not filed all asbestos trust claims, the defendant may move the court for an order to require the plaintiff to file additional trust claims. Provides that trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. Provides that a claim of privilege does not apply to trust claim materials or trust governance documents. Provides that a defendant in an asbestos action may seek discovery from an asbestos trust. Provides that in an asbestos action in which damages are awarded, a defendant is entitled to a setoff in the amount the plaintiff has received from an asbestos trust and the amount the plaintiff will receive as specified in the asbestos trust governance documents. Provides that within 30 days after an asbestos action is filed, the plaintiff shall provide all parties with a sworn information form specifying the evidence that provides the basis for each claim against each defendant.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2022
Committee Review
Floor Vote
Governor
Introduced Jan 27, 2022
Last action Jan 10, 2023
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
1
Committee
4
Feb 18, 2022
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Feb 14, 2022
Lower · Passed
To Civil Procedure & Tort Liability Subcommittee
lower
Feb 9, 2022
Committee
Assigned to Judiciary - Civil Committee
lower
Jan 31, 2022
Committee
Referred to Rules Committee
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Keith R. Wheeler
RRepublican
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