Section 686A.9 – Application.
686A.9 Application. 1. This chapter applies to all asbestos actions filed on or after July 1, 2017. 2. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested […]
Section 686A.1 – Title.
686A.1 Title. This chapter shall be known and may be cited as the “Asbestos Bankruptcy Trust Claims Transparency Act”. 2017 Acts, ch 11, §1
Section 686A.2 – Definitions.
686A.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Asbestos” means 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 or altered, including all minerals defined as asbestos in 29 C.F.R. pt. 1910 , […]
Section 686A.3 – Required disclosures by plaintiff.
686A.3 Required disclosures by plaintiff. 1. Within ninety days after an asbestos action is filed, or within ninety days after July 1, 2017, whichever is later, the plaintiff shall do all of the following: a. Provide the court and parties with a sworn statement signed by the plaintiff and the plaintiff’s counsel, under penalty of […]
Section 686A.4 – Identification of additional or alternative asbestos trusts by defendant.
686A.4 Identification of additional or alternative asbestos trusts by defendant. 1. A defendant may file a motion requesting a stay of the proceedings on or before the later of the sixtieth day before the date trial in the action is set to commence or the fifteenth day after the defendant first obtains information that could […]
Section 686A.5 – Discovery — use of materials.
686A.5 Discovery — use of materials. 1. Trust claims materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. Notwithstanding any other provision of law to the contrary, a claim of privilege does not apply to any trust claims materials or trust governance documents. […]
Section 686A.6 – Trust record — valuation of asbestos trust claims — judicial notice.
686A.6 Trust record — valuation of asbestos trust claims — judicial notice. 1. Not less than thirty days before trial in an asbestos action, the court shall enter into the record a document that identifies every asbestos trust claim made by the plaintiff or on the plaintiff’s behalf. 2. If a plaintiff proceeds to trial […]
Section 686A.7 – Setoff — credit.
686A.7 Setoff — credit. In any asbestos action in which damages are awarded and setoffs are permitted under applicable law, a defendant is entitled to a setoff or credit in the amount the plaintiff has been awarded from an asbestos trust identified in section 686A.6, subsection 1, and the amount of the valuation established under […]
Section 686A.8 – Failure to provide information — sanctions.
686A.8 Failure to provide information — sanctions. 1. On the motion of a defendant or judgment debtor seeking sanctions or other relief in an asbestos action, the court may impose any sanction provided by court rule or a law of this state, including but not limited to vacating a judgment rendered in the action, for […]