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Bill > SB879
MO SB879
MO SB879Establishes disclosure procedures for a claimant in an action for damages due to asbestos exposure
summary
Introduced
01/05/2022
01/05/2022
In Committee
01/27/2022
01/27/2022
Crossed Over
Passed
Dead
05/13/2022
05/13/2022
Introduced Session
2022 Regular Session
Bill Summary
AN ACT To amend chapter 537, RSMo, by adding thereto seven new sections relating to actions for damages due to exposure to asbestos.
AI Summary
This bill establishes disclosure procedures for claimants in actions for damages due to asbestos exposure. The key provisions include:
1. The bill applies to asbestos actions filed on or after August 28, 2022, and some actions filed before that date, with some exceptions.
2. Claimants must provide a sworn statement indicating that all asbestos trust claims have been filed, and must produce all related trust claim materials within 30 days of filing the action.
3. Defendants can request that the court order the claimant to file additional asbestos trust claims, and the court can dismiss the action if the claimant fails to comply.
4. Trust claim materials and trust governance documents are presumed relevant and admissible, and defendants can seek discovery against asbestos trusts.
5. The court must take judicial notice of the compensation amounts and payment percentages specified in the trust governance documents, and defendants are entitled to a setoff or credit for any payments the claimant receives from asbestos trusts.
6. Claimants must file a sworn information form within 30 days of filing the action, providing detailed information about the exposure and related evidence. The court can dismiss the action if the claimant fails to comply.
Committee Categories
Justice
Sponsors (1)
Last Action
Second Read and Referred S General Laws Committee (on 01/27/2022)
bill text
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.senate.mo.gov/22info/BTS_Web/Bill.aspx?SessionType=R&BillID=71262537 | 12/02/2021 |
| Analysis - Summary: Introduced | https://www.senate.mo.gov/22info/BTS_Web/Summary.aspx?SessionType=R&SummaryID=14019450&BillID=71262537 | 06/08/2022 |
| BillText | https://www.senate.mo.gov/22info/pdf-bill/intro/SB879.pdf | 12/09/2021 |
| Analysis - Summary: Introduced | https://www.senate.mo.gov/22info/BTS_Web/Summary.aspx?SessionType=R&SummaryID=230&BillID=71262537 | 12/04/2021 |
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