Bills › 88th General Assembly
Where it is now
- Done: IntroducedFebruary 19, 2020
- Done: SubcommitteeJanuary 29, 2020
- Done: House committeeFebruary 20, 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
AI summary People suing over health problems caused by asbestos or silica would have to file a sworn form explaining the evidence for each claim. If a person cannot provide enough specific evidence against a company, the court can dismiss the case against that company. Additionally, if a person provides false information in their sworn statement, the court can award the defendant attorney fees and other costs.1
Read the official explanation
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 complaint 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. 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 for whom a plaintiff lacks reliable defendant-specific evidence of sufficient exposure to asbestos or silica to create a reasonable inference that the plaintiff may be entitled to relief. The court may dismiss the action without prejudice as to all defendants if the plaintiff fails to comply with the requirements for the sworn statement. If a plaintiff’s representations supporting a claim against a defendant are materially false, the bill allows the defendant to move the court to strike the plaintiff’s pleading as to that defendant and to award the defendant attorney fees, costs, and any other relief the court determines is just and proper in the circumstances. _____ after July 1, 2020.
Changed since by amendments H-8134, S-5015; see Amendments.
House subcommittee
Named January 29, 2020. On February 6, 2020 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
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88th General Assembly