summary
Introduced
02/26/2025
02/26/2025
In Committee
03/19/2025
03/19/2025
Crossed Over
03/07/2025
03/07/2025
Passed
Dead
05/22/2025
05/22/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATING TO ASBESTOS CLAIMS; ESTABLISHING THE ASBESTOS TRUST CLAIMS TRANSPARENCY ACT; ESTABLISHING DISCLOSURE REQUIREMENTS; ESTABLISHING REQUIREMENTS FOR DISCOVERY OF ASBESTOS TRUSTS AND USE OF TRUST CLAIMS MATERIALS; PROVIDING FOR SETOFFS; ESTABLISHING THE ASBESTOS ACTION OVER-NAMING REFORM ACT; ESTABLISHING DISCLOSURE REQUIREMENTS; ESTABLISHING REQUIREMENTS FOR DISCOVERY; PROVIDING FOR DISMISSAL WITHOUT PREJUDICE FOR NONCOMPLIANCE OR LACK OF EVIDENCE OF EXPOSURE; AND PROVIDING DEFINITIONS.”
AI Summary
This bill establishes two new acts related to asbestos litigation: the Asbestos Trust Claims Transparency Act and the Asbestos Action Over-Naming Reform Act. The first part of the bill creates detailed requirements for plaintiffs filing asbestos-related lawsuits, mandating that they disclose all asbestos trust claims within 30 days of filing a lawsuit, including providing sworn statements, trust claim materials, and supplementary documentation. The bill allows defendants to request additional trust claims be filed and permits discovery of asbestos trust documents, with trust claim materials presumed to be relevant and admissible in court. Additionally, defendants are entitled to setoffs based on the valuation established in trust governance documents. The second part of the bill requires plaintiffs to file a comprehensive sworn information form within 30 days of filing an asbestos action, detailing exposure history, medical information, and other specific details about the alleged asbestos-related harm. The bill also provides mechanisms for courts to dismiss cases without prejudice if plaintiffs fail to comply with disclosure requirements or cannot provide sufficient evidence of exposure. These provisions aim to increase transparency, reduce frivolous claims, and provide a more structured approach to asbestos litigation by ensuring defendants have complete information about a plaintiff's asbestos exposure and trust claims.
Committee Categories
Justice
Sponsors (1)
Last Action
(H) Died in Process (on 05/22/2025)
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://bills.legmt.gov/#/laws/bill/2/LC3139 |
State Bill Page | https://bills.legmt.gov/#/lc/bill/2/LC3139 |
Fiscal Note HB0803_1 | https://docs.legmt.gov/download-ticket?ticketId=6918a15a-9de6-41c4-84ea-75957912c73e |
BillText | https://docs.legmt.gov/download-ticket?ticketId=b0975350-f761-40fc-8a7a-40d2f7790d09 |
BillText | https://api.legmt.gov/docs/v1/documents/getContent?documentId=286999 |
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