§55-7F-1. Short Title

This article shall be known and may be cited as the Asbestos Bankruptcy Trust Claims Transparency Act.

§55-7F-10. Failure to Provide Information; Sanctions

A plaintiff who fails to provide all of the information required under this article is subject to sanctions as provided in the West Virginia Rules of Civil Procedure and any other relief for the defendants that the court considers just and proper.

§55-7F-11. Application

The provisions of this article apply to all asbestos actions filed on or after the effective date of this article.

§55-7F-2. Findings and Purpose

(a) The West Virginia Legislature finds that: (1) The United States Supreme Court in Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 598 (1997) described the asbestos litigation as a crisis;

§55-7F-3. Definitions

For the purpose of this article: (1) "Asbestos action" means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease […]

§55-7F-4. Required Disclosures by Plaintiff

(a) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff's behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos […]

§55-7F-5. Discovery; Use of Materials

(a) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. No claims of privilege apply to any trust claims materials or trust governance documents. (b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or […]

§55-7F-6. Scheduling Trial; Stay of Action

(a) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under section four of this article within one hundred twenty days prior to the trial date. (b) If, in the disclosures required by section four of this article, a plaintiff identifies a potential […]

§55-7F-7. Identification of Additional or Alternative Asbestos Trusts by Defendant

(a) Not less than ninety days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with plaintiff to discuss why defendant believes plaintiff has an additional asbestos trust claim, and thereafter the defendant […]

§55-7F-8. Valuation of Asbestos Trust Claims; Judicial Notice

(a) If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence. (b) Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may […]

§55-7F-9. Setoff; Credit

In any asbestos action in which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under the applicable trust governance documents, including payment percentages for asbestos trust claims pending at trial and any amount the plaintiff has been awarded from an asbestos trust claim that […]