60-4912 Asbestos trust claims transparency act; citation of act.
60-4912. Asbestos trust claims transparency act; citation of act. K.S.A. 2021 Supp. 60-4912 through 60-4918, and amendments thereto, may be cited as the asbestos trust claims transparency act. History: L. 2018, ch. 25, § 1; July 1.
60-4913 Same; definitions.
60-4913. Same; definitions. The following definitions apply to this act: (a) “Asbestos” has the same meaning as defined in K.S.A. 2021 Supp. 60-4901, and amendments thereto. (b) “Asbestos claim” has the same meaning as defined in K.S.A. 2021 Supp. 60-4901, and amendments thereto. (c) “Asbestos trust” means a government-approved or court-approved trust, qualified settlement fund, […]
60-4914 Same; duties of plaintiff.
60-4914. Same; duties of plaintiff. (a) No later than 30 days prior to the date the court establishes for the completion of all fact discovery, the plaintiff, and any person who is representing the plaintiff or has a fiduciary duty to the plaintiff with respect to the asbestos claim, shall do all of the following: […]
60-4915 Same; filing of asbestos trust claims.
60-4915. Same; filing of asbestos trust claims. (a) A defendant may file a motion no later than the date the court establishes for the completion of all fact discovery identifying the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims. (b) Within 10 days after receiving […]
60-4916 Same; discovery.
60-4916. Same; discovery. (a) Trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos claim. A claim of privilege does not apply to any trust claim materials or trust governance documents. (b) A defendant in an asbestos claim may seek discovery from an […]
60-4917 Same; reopening of judgment.
60-4917. Same; reopening of judgment. (a) If the plaintiff or a person on the plaintiff’s behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos claim, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or […]
60-4918 Same; applicability of act.
60-4918. Same; applicability of act. This act shall apply to all asbestos claims filed on or after July 1, 2018. History: L. 2018, ch. 25, § 7; July 1.
60-4910 Same; preemption by federal law, effect of.
60-4910. Same; preemption by federal law, effect of. If any provision of this act or the application thereof to any person or circumstance is held to be preempted by federal law, the preemption shall not affect other provisions or applications of the act which can be given effect. History: L. 2006, ch. 196, § 10; […]
60-4911 Same; citation of act.
60-4911. Same; citation of act. K.S.A. 2021 Supp. 60-4901 through 60-4911 may be cited as the silica and asbestos claims act. History: L. 2006, ch. 196, § 11; July 1.
60-4901 Silica and asbestos claims act; definitions.
60-4901. Silica and asbestos claims act; definitions. As used in this act, unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section: (a) “AMA guides to the evaluation of permanent impairment” means the American medical association’s guides to the evaluation of permanent impairment as in […]