Bills › 88th General Assembly
Relating to civil actions involving asbestos and silica, and including applicability provisions
Sponsored by the Senate Judiciary Committee
Topics:Courts & civil law
Where it is now
- Done: IntroducedFebruary 12, 2020
- Done: SubcommitteeFebruary 12, 2020
- Done: Senate committeeFebruary 18, 2020
- Done: Passes the SenateFebruary 25, 202030–19
- Skipped: House committeeSkipped
- Done: Passes the HouseMarch 10, 202054–46
- Done: To the GovernorJune 1, 2020
- Done: Signed into lawJune 1, 2020
Signed into law What’s a funnel?
What’s in it
AI summary People suing over asbestos or silica-related illnesses would have to file a sworn form explaining the evidence for each claim against every defendant. If a person fails to provide this detailed information or a medical report, a judge can dismiss the case. The court must also dismiss any claims against specific companies if they are not clearly identified in that form.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 or failed to file a detailed medical report and sworn information form. The court is also required to dismiss an asbestos action or silica action without prejudice as to any defendant whose product or premises is not identified in the sworn information form. 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.
Senate subcommittee
Named February 12, 2020 (as SSB 3167). On February 17, 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