HB 92 — Civil practice, asbestos actions; filing requirements, further provided

HB92 INTRODUCEDENGROSSED HB92 8RYNFF2-17R752V2-2 By Representative Stubbs RFD:

05-Feb-24 Page 0 8RYNFF2-1HB92 01/31/2024Engrossed CMH2 (L)bm4 2023-2915A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT 9 Relating to asbestos actions;

Underto existingamend law,Sections the6-5-691, plaintiff6-5-692, inand an6-5-693, actionCode forof damagesAlabama from1975, asbestos exposure is required to further provide thefor defendantvarious withrequirements certainfor information.asbestos actions;

Thisand billto wouldauthorize require a plaintiff to specify the basis for each claim against each defendant andin providean additional,asbestos moreaction detailed information relating to thebe asbestosdismissed exposure,if includingcertain currentrequirements andare pastnot worksitesmet. and each individual who is knowledgeable regarding the exposures.

This bill would allow a defendant in an asbestos action to be dismissed from the action if not identified as required.

This bill would also stay discovery in an asbestos action until the required disclosures have been made.

A BILL TO BE ENTITLED AN ACT Relating to asbestos actions;

to amend Sections 6-5-691, 6-5-692, 6-5-693, and 6-5-694, Code of Alabama 1975, to further provide for various requirements for asbestos Page 1 HB92 INTRODUCED actions;

to authorize a defendant in an asbestos action to be dismissed if certain requirements are not met;

and to authorize a court to stay discovery in an asbestos action until certain requirements are met.

Sections 6-5-691, 6-5-692, 6-5-693, and 6-5-694,6-5-693, Code of Alabama 1975, are amended to read as follows:

A government-approved or court-approved trust, qualified settlement fund, compensation Page 1 HB92 Engrossed fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, pursuant to 11 U.S.C.

A person whose exposure to asbestos or to asbestos-containing products is the basis for an Page 2 HB92 INTRODUCED asbestos action.

All documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust." "§6-5-692 (a) Subject to Section 6-5-693, within 90 days after aA plaintiff who files an asbestos action, the plaintiff atwithin the45 timedays, of the filing of the complaint or other initial pleading, shall do all of the following:

provide (1) Provide all parties with an affidavit, signed under oathPage 2 HB92 Engrossed oathinformation form attested by the plaintiff, specifying the basis for each claim against theeach defendant and stating all of the following with specificity:

a.(1) The plaintiff's exposed person's name, address, date of birth, Social Security number, marital status, smoking history, occupation, and current and past worksites and employers, and if the plaintiff exposed person alleges exposure to asbestos through another person, the identity of Page 3 HB92 INTRODUCED the other person, and that person's relationship to the plaintiffexposed person.

(4) The identity, with specificity, of each and every source of exposure to asbestos that is available or known to the plaintiff or plaintiff'shis or her counsel for the exposed 95 person and any person through which the plaintiff alleges exposure, including all asbestos-containing products to which the plaintiffexposed person or other person was exposed, whether from bankrupt entities or otherwise, and all premises at which the plaintiff and the otherexposed person werewas exposed to asbestos;

and thethe. frequency of the exposure to the asbestos product or its use.

Page 3 HB92 Engrossed (7) The specific connection of each defendant to the alleged exposure to asbestos.

(2)(9) Provide all parties with allAll supporting documentation relating to this the information required by Page 4 HB92 INTRODUCED this section.

(b) If a defendant that is specifically identified in the plaintiff's affidavitattestation as a source of exposure presents 95 evidence that the plaintiff's affidavitaffidavitattestation is incomplete, the defendant may move the court for an order to require the plaintiff to supplement the affidavit.affidavitattestation.

If the court determines that there is a sufficient basis for the plaintiff to supplement the affidavit,affidavitattestation, the court shall enter an order to require the plaintiff to supplement the affidavitaffidavitattestation and shall stay the action until the plaintiff supplements the affidavitaffidavitattestation as provided by the court and produces the supplemental affidavitaffidavitattestation to the parties.

(c) The court shall dismiss the plaintiff's claim without prejudice if the plaintiff fails to provide the information required in this section or fails to satisfy an order to supplement the plaintiff's affidavitaffidavitattestation within 90 days from the time the information is required to be provided to the parties.

(d) A defendant whose product or premises is not specifically identified in the plaintiff's affidavitattestation may Page 4 HB92 Engrossed file a motion with the court to dismiss the plaintiff's claim against that defendant without prejudice." "§6-5-693 (a) A plaintiff in an asbestos action need not comply with Section 6-5-692 if, within 90Within 3060 days after the plaintiff files an asbestos action, the plaintiff files shall file all available asbestos trust claims and provides provide the parties with all trust claim materials available to the Page 5 HB92 INTRODUCED plaintiff or plaintiff's his or her counsel in relation to the plaintiff's exposed person's exposure to asbestos.

(d) Trial in an asbestos action may not begin until at Page 5 HB92 Engrossed least 60 days after the plaintiff complies with this section." "§6-5-694Section (a)2. In an asbestos action, there shall be a rebuttable presumption that trust claim materials and trust governance documents are relevant, authentic, and admissible in evidence.

A claim of privilege does not apply to trust claim materials or trust governance documents.

(b) A defendant in an asbestos action may seek Page 6 HB92 INTRODUCED discovery from an asbestos trust.

The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release the information and materials sought by the defendant.

(c) Discovery may not commence against a defendant in an asbestos action until the requirements of Section 6-5-692(a) and 6-5-693(a) have been met." Section 2.

Page 76 HB92 Engrossed House of Representatives Read for the first time and referred ................06-Feb-24 to the House of Representatives committee on Judiciary Read for the second time and placed ................21-Mar-24 on the calendar:

0 amendments Read for the third time and passed ................16-Apr-24 as amended Yeas 102 Nays 1 Abstains 0 John Treadwell Clerk Page 7