§ 11-67-1. Short title
This chapter may be cited as the “Asbestos Bankruptcy Trust Claims Transparency Act.”
§ 11-67-11. Discovery; use of materials
Trust materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. A claim of privilege does not apply to any trust materials or trust governance documents. A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim […]
§ 11-67-13. Failure to provide information; sanctions
If the plaintiff files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos action, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment […]
§ 11-67-15. Application
This chapter shall apply to all asbestos actions filed on or after July 1, 2017, and to all pending asbestos tort actions in which trial has not commenced as of July 1, 2017.
§ 11-67-3. Declaration of legislative intent
The Legislature finds and determines that: Asbestos is a mineral that was widely used for insulation, fireproofing, and other purposes; Exposure to asbestos has been causally associated with mesothelioma and lung cancer, as well as nonmalignant conditions such as asbestosis, pleural plaques, and diffuse pleural thickening; Approximately one hundred (100) employers have declared bankruptcy at […]
§ 11-67-5. Definitions
The following words and phrases as used in this chapter have the meaning ascribed to them in this section, unless the context clearly requires otherwise: “Asbestos” includes, without limitation, chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated […]
§ 11-67-7. Required disclosures by the plaintiff
Within thirty (30) days after an asbestos action is filed, or by August 1, 2017, whichever is later, the plaintiff shall do all of the following: Provide the court and parties with a sworn statement signed by the plaintiff, under penalties of perjury, that all asbestos trust claims that can be made by the plaintiff […]
§ 11-67-9. Identification of additional asbestos trust claims by defendant; trust record
A defendant may file a motion requesting a stay of the proceeding on or before the later of the sixtieth day before the date of trial in the action is set to commence or any other such time for which the defendant has a good faith reasonable basis to request a stay. The motion shall […]