SCS/SB 331 - This act establishes disclosure procedures for a claimant in a civil action for damages due to asbestos exposure. This act applies to all asbestos actions, as defined in the act, filed on or after the effective date and to pending asbestos actions in which a trial has not commenced as of such date. Within 30 days of filing a civil action for damages due to health effects that resulted from the exposure to asbestos, or within 30 days of the effective date of this act for currently pending asbestos actions, the claimant shall file a sworn information form, which contains certain information detailed in the act, specifying the evidence that provides the basis for each claim against each defendant. After receiving additional information, the claimant shall supplement the required information within 30 days.
This act provides that the court on motion by a defendant shall dismiss a claimant's asbestos action without prejudice as to any defendant whose products or premises are not identified in the required disclosures. Additionally, upon a motion by a defendant, the court shall dismiss an asbestos action without prejudice as to all defendants if the claimant fails to comply with the requirements of this act.
This act is similar to provisions in the perfected HCS/HB 922 (2021), in HCS/SCS/SB 119 (2021), in HCS/HB 363 (2021), in SB 200 (2021), in SS#2/SB 575 (2020), in HB 2139 (2020), in SB 69 (2019), in HB 216 (2019), in SCS/SB 1102 (2018), in HCS/HB 1645 (2018), in HB 333 (2017), and in SB 347 (2017).
KATIE O'BRIEN