Section 2001 – Title.

Effective 5/10/2016 78B-6-2001. Title. This part is referred to as the “Asbestos Bankruptcy Trust Claims Transparency Act.” Enacted by Chapter 385, 2016 General Session

Section 2002 – Legislative findings — Purpose.

Effective 5/10/2016 78B-6-2002. Legislative findings — Purpose. (1) The Legislature finds that: (a) approximately 100 employers have declared bankruptcy at least partially due to asbestos-related liability; (b) these bankruptcies have resulted in a search for more solvent companies by claimants, resulting in over 10,000 companies being named as asbestos defendants, including many small- and medium-sized […]

Section 2003 – Definitions.

Effective 5/8/2018 78B-6-2003. Definitions. As used in this part: (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. Sec. 1910 at the time the […]

Section 2004 – Required disclosures by plaintiff.

Effective 5/10/2016 78B-6-2004. Required disclosures by plaintiff. (1) 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 […]

Section 2005 – Discovery — Use of materials.

Effective 5/10/2016 78B-6-2005. Discovery — Use of materials. (1) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. Claims of privilege may not apply to any trust claims materials or trust governance documents. (2) A defendant in an asbestos action may seek discovery from an […]

Section 2006 – Scheduling trial — Stay of action.

Effective 5/10/2016 78B-6-2006. Scheduling trial — Stay of action. (1) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under Section 78B-6-2004 within 120 days prior to the trial date. (2) If, in the disclosures required by Section 78B-6-2004, a plaintiff identifies a […]

Section 2007 – Identification of additional or alternative asbestos trusts by defendant.

Effective 5/10/2016 78B-6-2007. Identification of additional or alternative asbestos trusts by defendant. (1) Not less than 90 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 […]

Section 2008 – Valuation of asbestos trust claims.

Effective 5/10/2016 78B-6-2008. Valuation of asbestos trust claims. 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. Enacted by Chapter 385, 2016 General Session

Section 2009 – Failure to provide information — Sanctions.

Effective 5/10/2016 78B-6-2009. Failure to provide information — Sanctions. A plaintiff who fails to provide all of the information required under this part is subject to sanctions as provided in the Utah Rules of Civil Procedure and any other relief for the defendants that the court considers just and proper. Enacted by Chapter 385, 2016 […]

Section 2010 – Application.

Effective 5/10/2016 78B-6-2010. Application. This part applies to asbestos actions filed on or after May 10, 2016. Enacted by Chapter 385, 2016 General Session