Alabama 2024 Regular Session

Alabama House Bill HB92 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB92ENGROSSED~~
	1	+	HB92INTRODUCED
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3	3		HB92
4		-	~~7R752V2-2~~
	4	+	8RYNFF2-1
5	5		By Representative Stubbs
6	6		RFD: Judiciary
7	7		First Read: 06-Feb-24
8	8		PFD: 05-Feb-24
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14		-	6 ~~HB92 Engrossed~~
	14	+	6 8RYNFF2-1 01/31/2024 CMH (L)bm 2023-2915
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16	16		PFD: 05-Feb-24
	17	+	SYNOPSIS:
	18	+	Under existing law, the plaintiff in an action
	19	+	for damages from asbestos exposure is required to
	20	+	provide the defendant with certain information.
	21	+	This bill would require a plaintiff to specify
	22	+	the basis for each claim against each defendant and
	23	+	provide additional, more detailed information relating
	24	+	to the asbestos exposure, including current and past
	25	+	worksites and each individual who is knowledgeable
	26	+	regarding the exposures.
	27	+	This bill would allow a defendant in an asbestos
	28	+	action to be dismissed from the action if not
	29	+	identified as required.
	30	+	This bill would also stay discovery in an
	31	+	asbestos action until the required disclosures have
	32	+	been made.
17	33		A BILL
18	34		TO BE ENTITLED
19	35		AN ACT
20	36		Relating to asbestos actions; to amend Sections
21		-	6-5-691, 6-5-692, and 6-5-693, Code of Alabama 1975, to
22		-	further provide for various requirements for asbestos actions;
23		-	and to authorize a defendant in an asbestos action to be
24		-	dismissed if certain requirements are not met.
25		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26		-	Section 1. Sections 6-5-691, 6-5-692, and 6-5-693, Code
27		-	of Alabama 1975, are amended to read as follows:
28		-	"§6-5-691
29		-	For the purposes of this article, the following terms
30		-	shall have the following meanings:
31		-	(1) ASBESTOS ACTION. A civil action arising out of,
32		-	based on, or related to the health effects of exposure to
33		-	asbestos and any derivative claim made by or on behalf of a
34		-	person exposed to asbestos or a representative, spouse,
35		-	parent, child, or other relative of that person. The term
36		-	asbestos action does not include claims alleging ovarian
37		-	cancer.
38		-	(2) ASBESTOS TRUST. A government-approved or
39		-	court-approved trust, qualified settlement fund, compensation
	37	+	6-5-691, 6-5-692, 6-5-693, and 6-5-694, Code of Alabama 1975,
	38	+	to further provide for various requirements for asbestos
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67		-	28 HB92 ~~Engrossed~~
	66	+	28 HB92 INTRODUCED
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	68	+	to further provide for various requirements for asbestos
	69	+	actions; to authorize a defendant in an asbestos action to be
	70	+	dismissed if certain requirements are not met; and to
	71	+	authorize a court to stay discovery in an asbestos action
	72	+	until certain requirements are met.
	73	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	74	+	Section 1. Sections 6-5-691, 6-5-692, 6-5-693, and
	75	+	6-5-694, Code of Alabama 1975, are amended to read as follows:
	76	+	"§6-5-691
	77	+	For the purposes of this article, the following terms
	78	+	shall have the following meanings:
	79	+	(1) ASBESTOS ACTION. A civil action arising out of,
	80	+	based on, or related to the health effects of exposure to
	81	+	asbestos and any derivative claim made by or on behalf of a
	82	+	person exposed to asbestos or a representative, spouse,
	83	+	parent, child, or other relative of that person. The term
	84	+	asbestos action does not include claims alleging ovarian
	85	+	cancer.
	86	+	(2) ASBESTOS TRUST. A government-approved or
69	87		court-approved trust, qualified settlement fund, compensation
70	88		fund, or claims facility that is created as a result of an
71	89		administrative or legal action, a court-approved bankruptcy,
72	90		pursuant to 11 U.S.C. § 524(g), 11 U.S.C. § 1121(a), or other
73	91		applicable provision of law, that is intended, in whole or in
74	92		part, to provide compensation to claimants arising out of,
75	93		based on, or related to the health effects of exposure to
76	94		asbestos.
77	95		(3) EXPOSED PERSON. A person whose exposure to asbestos
78	96		or to asbestos-containing products is the basis for an
79		-	asbestos action.
80		-	(3)(4) TRUST CLAIM MATERIALS. A final executed proof of
81		-	claim and all documents and information submitted to or
82		-	received from an asbestos trust, including claim forms and
83		-	supplementary materials, affidavits, medical and health
84		-	records, depositions and trial testimony of the plaintiff and
85		-	others knowledgeable about the plaintiff's exposure history,
86		-	work history, exposure allegations, and all documents that
87		-	reflect the status of a claim against an asbestos trust and if
88		-	the trust claim has been resolved.
89		-	(4)(5) TRUST GOVERNANCE DOCUMENTS. All documents that
90		-	relate to eligibility and payment levels, including claims
91		-	payment matrices, trust distribution procedures, or plans for
92		-	reorganization, for an asbestos trust."
93		-	"§6-5-692
94		-	(a) Subject to Section 6-5-693, within 90 days after a A
95		-	plaintiff who files an asbestos action, the plaintiff within
96		-	45 days, shall do all of the following: provide
97		-	(1) Provide all parties with an affidavit, signed under
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	124	+	56 HB92 INTRODUCED
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	126	+	or to asbestos-containing products is the basis for an
	127	+	asbestos action.
	128	+	(3)(4) TRUST CLAIM MATERIALS. A final executed proof of
	129	+	claim and all documents and information submitted to or
	130	+	received from an asbestos trust, including claim forms and
	131	+	supplementary materials, affidavits, medical and health
	132	+	records, depositions and trial testimony of the plaintiff and
	133	+	others knowledgeable about the plaintiff's exposure history,
	134	+	work history, exposure allegations, and all documents that
	135	+	reflect the status of a claim against an asbestos trust and if
	136	+	the trust claim has been resolved.
	137	+	(4)(5) TRUST GOVERNANCE DOCUMENTS. All documents that
	138	+	relate to eligibility and payment levels, including claims
	139	+	payment matrices, trust distribution procedures, or plans for
	140	+	reorganization, for an asbestos trust."
	141	+	"§6-5-692
	142	+	(a) Subject to Section 6-5-693, within 90 days after a A
	143	+	plaintiff who files an asbestos action, the plaintiff at the
	144	+	time of the filing of the complaint or other initial pleading,
	145	+	shall do all of the following: provide
127	146		(1) Provide all parties with an affidavit, signed under
128		-	~~oathinformation form attested~~ by the plaintiff, specifying the
129		-	~~basis for each claim~~ against ~~each~~ defendant and stating all of
130		-	~~the following with~~ specificity :
	147	+	oath by the plaintiff, specifying the basis for each claim
	148	+	against the defendant and stating all of the following with
	149	+	specificity:
131	150		a.(1) The plaintiff's exposed person's name, address,
132	151		date of birth, Social Security number, marital status, smoking
133	152		history, occupation, and current and past worksites and
134	153		employers, and if the plaintiff exposed person alleges
135	154		exposure to asbestos through another person, the identity of
136		-	the other person , and that person's relationship to the
137		-	plaintiffexposed person.
138		-	b.(2) The asbestos-related disease claimed to exist.
139		-	c.(3)TheAn affirmation that the plaintiff and
140		-	plaintiff'shis or her counsel have conducted an investigation
141		-	into all potential sources of the plaintiff'sexposed person's
142		-	exposure to asbestos and identified.
143		-	(4) The identity, with specificity , of each and every
144		-	source of exposure to asbestos that is available or known to
145		-	the plaintiff or plaintiff'shis or her counsel for the exposed
146		-	person and any person through which the plaintiff alleges
147		-	exposure, including all asbestos-containing products to which
148		-	the plaintiffexposed person or other person was exposed,
149		-	whether from bankrupt entities or otherwise, and all premises
150		-	at which the plaintiff and the other exposed person werewas
151		-	exposed to asbestos ; the.
152		-	(5) The specific location and manner of each alleged
153		-	exposure to asbestos ; the.
154		-	(6) The beginning and ending dates of each alleged
155		-	exposure; and the.
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185		-	exposure; and the.
	184	+	exposure to asbestos through another person, the identity of
	185	+	the other person , and that person's relationship to the
	186	+	plaintiffexposed person.
	187	+	b.(2) The asbestos-related disease claimed to exist.
	188	+	c.(3)TheAn affirmation that the plaintiff and
	189	+	plaintiff'shis or her counsel have conducted an investigation
	190	+	into all potential sources of the plaintiff'sexposed person's
	191	+	exposure to asbestos and identified.
	192	+	(4) The identity, with specificity , of each and every
	193	+	source of exposure to asbestos that is available or known to
	194	+	the plaintiff or plaintiff'shis or her counsel for the exposed
	195	+	person and any person through which the plaintiff alleges
	196	+	exposure, including all asbestos-containing products to which
	197	+	the plaintiffexposed person or other person was exposed,
	198	+	whether from bankrupt entities or otherwise, and all premises
	199	+	at which the plaintiff and the other exposed person werewas
	200	+	exposed to asbestos ; the.
	201	+	(5) The specific location and manner of each alleged
	202	+	exposure to asbestos ; the.
	203	+	(6) The beginning and ending dates of each alleged
	204	+	exposure; and the frequency of the exposure to the asbestos
	205	+	product or its use.
186	206		(7) The specific connection of each defendant to the
187	207		alleged exposure to asbestos.
188	208		(8) The name, address, and relationship to the exposed
189	209		person of each individual who is knowledgeable regarding the
190	210		exposed person's exposures to asbestos.
191	211		(2)(9)Provide all parties with all All supporting
192	212		documentation relating to this the information required by
193		-	this section.
194		-	(b) If a defendant that is specifically identified in
195		-	the plaintiff's attestation as a source of exposure presents
196		-	evidence that the plaintiff's affidavit attestation is
197		-	incomplete, the defendant may move the court for an order to
198		-	require the plaintiff to supplement the affidavitattestation.
199		-	If the court determines that there is a sufficient basis for
200		-	the plaintiff to supplement the affidavitattestation, the
201		-	court shall enter an order to require the plaintiff to
202		-	supplement the affidavitattestation and shall stay the action
203		-	until the plaintiff supplements the affidavitattestation as
204		-	provided by the court and produces the supplemental
205		-	affidavitattestation to the parties.
206		-	(c) The court shall dismiss the plaintiff's claim
207		-	without prejudice if the plaintiff fails to provide the
208		-	information required in this section or fails to satisfy an
209		-	order to supplement the plaintiff's affidavitattestation
210		-	within 90 days from the time the information is required to be
211		-	provided to the parties.
212		-	(d) A defendant whose product or premises is not
213		-	specifically identified in the plaintiff's attestation may
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	240	+	112 HB92 INTRODUCED
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243		-	specifically identified in the plaintiff's attestation may
244		-	file a motion with the court to dismiss the plaintiff's claim
	242	+	documentation relating to this the information required by
	243	+	this section.
	244	+	(b) If a defendant that is specifically identified in
	245	+	the plaintiff's affidavit as a source of exposure presents
	246	+	evidence that the plaintiff's affidavit is incomplete, the
	247	+	defendant may move the court for an order to require the
	248	+	plaintiff to supplement the affidavit. If the court determines
	249	+	that there is a sufficient basis for the plaintiff to
	250	+	supplement the affidavit, the court shall enter an order to
	251	+	require the plaintiff to supplement the affidavit and shall
	252	+	stay the action until the plaintiff supplements the affidavit
	253	+	as provided by the court and produces the supplemental
	254	+	affidavit to the parties.
	255	+	(c) The court shall dismiss the plaintiff's claim
	256	+	without prejudice if the plaintiff fails to provide the
	257	+	information required in this section or fails to satisfy an
	258	+	order to supplement the plaintiff's affidavit within 90 days
	259	+	from the time the information is required to be provided to
	260	+	the parties.
	261	+	(d) A defendant whose product or premises is not
	262	+	specifically identified in the plaintiff's affidavit may file
	263	+	a motion with the court to dismiss the plaintiff's claim
245	264		against that defendant without prejudice. "
246	265		"§6-5-693
247	266		(a) A plaintiff in an asbestos action need not comply
248		-	with Section 6-5-692 if, within 90 Within 60 days after the
	267	+	with Section 6-5-692 if, within 90 Within 30 days after the
249	268		plaintiff files an asbestos action, the plaintiff files shall
250	269		file all available asbestos trust claims and provides provide
251	270		the parties with all trust claim materials available to the
252		-	plaintiff or plaintiff's his or her counsel in relation to the
253		-	plaintiff's exposed person's exposure to asbestos. This
254		-	section does not apply if the plaintiff complies with Section
255		-	6-5-692.
256		-	(b) A plaintiff has a continuing duty to supplement the
257		-	information and materials provided under subsection (a) within
258		-	30 days after the plaintiff supplements an asbestos trust
259		-	claim, receives additional information or materials related to
260		-	an asbestos trust claim, or files an additional trust claim.
261		-	(c) Not less than 60 days before trial, if a defendant
262		-	presents evidence that the plaintiff has not filed all
263		-	available asbestos trust claims, as required under subsection
264		-	(a), the defendant may move the court for an order to require
265		-	the plaintiff to file additional trust claims. If a defendant
266		-	has previously filed a motion under this section, the court
267		-	shall not grant a subsequent motion if the defendant knew that
268		-	the claimant met the criteria for payment for the additional
269		-	trust claim identified in the subsequent motion at the time
270		-	the earlier motion was filed.
271		-	(d) Trial in an asbestos action may not begin until at
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	298	+	140 HB92 INTRODUCED
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	300	+	the parties with all trust claim materials available to the
	301	+	plaintiff or plaintiff's his or her counsel in relation to the
	302	+	plaintiff's exposed person's exposure to asbestos. This
	303	+	section does not apply if the plaintiff complies with Section
	304	+	6-5-692.
	305	+	(b) A plaintiff has a continuing duty to supplement the
	306	+	information and materials provided under subsection (a) within
	307	+	30 days after the plaintiff supplements an asbestos trust
	308	+	claim, receives additional information or materials related to
	309	+	an asbestos trust claim, or files an additional trust claim.
	310	+	(c) Not less than 60 days before trial, if a defendant
	311	+	presents evidence that the plaintiff has not filed all
	312	+	available asbestos trust claims, as required under subsection
	313	+	(a), the defendant may move the court for an order to require
	314	+	the plaintiff to file additional trust claims. If a defendant
	315	+	has previously filed a motion under this section, the court
	316	+	shall not grant a subsequent motion if the defendant knew that
	317	+	the claimant met the criteria for payment for the additional
	318	+	trust claim identified in the subsequent motion at the time
	319	+	the earlier motion was filed.
301	320		(d) Trial in an asbestos action may not begin until at
302	321		least 60 days after the plaintiff complies with this section."
303		-	Section 2. This act shall become effective on October
304		-	1, 2024.
	322	+	"§6-5-694
	323	+	(a) In an asbestos action, there shall be a rebuttable
	324	+	presumption that trust claim materials and trust governance
	325	+	documents are relevant, authentic, and admissible in evidence.
	326	+	A claim of privilege does not apply to trust claim materials
	327	+	or trust governance documents.
	328	+	(b) A defendant in an asbestos action may seek
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309		-	1, 2024.
310		-	House of Representatives
311		-	Read for the first time and referred
312		-	to the House of Representatives
313		-	committee on Judiciary
314		-	................06-Feb-24
315		-	Read for the second time and placed
316		-	on the calendar:
317		-	0 amendments
318		-	................21-Mar-24
319		-	Read for the third time and passed
320		-	as amended
321		-	Yeas 102
322		-	Nays 1
323		-	Abstains 0
324		-	................16-Apr-24
325		-	John Treadwell
326		-	Clerk
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	358	+	(b) A defendant in an asbestos action may seek
	359	+	discovery from an asbestos trust. The plaintiff may not claim
	360	+	privilege or confidentiality to bar discovery and shall
	361	+	provide consent or other expression of permission that may be
	362	+	required by the asbestos trust to release the information and
	363	+	materials sought by the defendant.
	364	+	(c) Discovery may not commence against a defendant in
	365	+	an asbestos action until the requirements of Section
	366	+	6-5-692(a) and 6-5-693(a) have been met. "
	367	+	Section 2. This act shall become effective on October
	368	+	1, 2024.
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