SSB 3167

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. _____ 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.