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Bill > LB95
NE LB95
NE LB95Adopt the Asbestos Trust Claims Transparency Act and the Asbestos Claims Priorities and Claims Legitimacy Act and change a statute of limitations
summary
Introduced
01/06/2023
01/06/2023
In Committee
01/10/2023
01/10/2023
Crossed Over
Passed
Dead
04/18/2024
04/18/2024
Introduced Session
108th Legislature
Bill Summary
A BILL FOR AN ACT relating to asbestos; to amend section 25-224, Reissue Revised Statutes of Nebraska; to adopt the Asbestos Trust Claims Transparency Act and the Asbestos Claims Priorities and Claims Legitimacy Act; to change provisions relating to a statute of limitations; and to repeal the original section.
AI Summary
This bill:
1. Adopts the Asbestos Trust Claims Transparency Act, which requires plaintiffs filing asbestos-related lawsuits to disclose and produce all claims they have filed with asbestos bankruptcy trusts, allows defendants to seek discovery from those trusts, and entitles defendants to setoffs for any payments the plaintiff has received or will receive from the trusts.
2. Adopts the Asbestos Claims Priorities and Claims Legitimacy Act, which establishes detailed medical criteria and evidentiary requirements that plaintiffs must meet to bring or maintain asbestos-related lawsuits, including provisions related to the qualifications of expert witnesses and the types of medical evidence required.
3. Changes the statute of limitations for asbestos-related claims, tolling the limitations period until the plaintiff receives or could have received a diagnosis of asbestos-related impairment sufficient to meet the Act's prima facie evidence requirements or the date of the plaintiff's death, whichever is earlier.
Committee Categories
Justice
Sponsors (1)
Last Action
Indefinitely postponed (on 04/18/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=50235 |
| Analysis - Statement of Intent | https://nebraskalegislature.gov/FloorDocs/108/PDF/SI/LB95.pdf |
| Fiscal Note for LB95 | https://nebraskalegislature.gov/FloorDocs/108/PDF/FN/LB95_20230223-123956.pdf |
| BillText | https://nebraskalegislature.gov/FloorDocs/108/PDF/Intro/LB95.pdf |
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