Bills › 88th General Assembly
Relating to civil actions involving asbestos and silica, and including applicability provisions
Sponsored by the House Judiciary Committee
Topics:Courts & civil law
Where it is now
- Done: IntroducedFebruary 19, 2020
- Skipped: SubcommitteeSkipped
- Done: House committeeMarch 10, 2020
- Done: Passes the HouseMarch 10, 202054–46
- Skipped: Senate committeeSkipped
- Done: Passes the SenateFebruary 25, 202030–19
- Done: To the GovernorJune 1, 2020
- Done: Signed into lawJune 1, 2020
SF 2337 became law → The same legislation passed as SF 2337, so this version was set aside. Go to SF 2337 What’s a funnel?
What’s in it
This bill relates to civil actions involving asbestos and silica. The bill requires a plaintiff in an asbestos action, including an action alleging a nonmalignant or a malignant condition, or a silica action involving silicosis, to file with the petition or other initial pleading a sworn information form specifying the evidence that provides the basis for each claim against each defendant. The sworn information form must contain the information as detailed in the bill. Current law does not require a plaintiff in an asbestos action, including an action alleging a malignant condition, or a silica action involving silicosis, to file a sworn information form stating the basis for each claim against each defendant.
Read the full explanation
The bill directs the court to dismiss an asbestos action or a silica action without prejudice on finding that a plaintiff has failed to make a prima facie case. The court is also required to dismiss an asbestos action or silica action without prejudice as to each defendant whose product or premises is not identified in the sworn information. The court shall also dismiss the action without prejudice as to all defendants if the plaintiff fails to comply with the requirements for the sworn statement or the requirement that the plaintiff file a detailed medical report. The provisions in the bill apply to asbestos actions, including actions alleging a nonmalignant or malignant condition, or silica actions involving silicosis filed on or after July 1, 2020.
Changed since by amendments H-8134, S-5015; see Amendments.
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88th General Assembly