HLS 10RS-1307 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 358
BY REPRESENTATIVE ABRAMSON
CIVIL/PROCEDURE: Provides disclosure procedures for asbestos and silica claims
AN ACT1
To enact Code of Civil Procedure Article 1476, relative to discovery in civil proceedings;2
to provide for claims involving asbestos or silica; to require the disclosure of certain3
information; to require certification; to provide for supplemental information; to4
provide for sanctions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 1476 is hereby enacted to read as follows:7
Art. 1476. Required disclosures; asbestos and silica8
A. Within thirty days of commencing an action involving a claim for injury,9
disease, or death related to asbestos or silica and for cases currently pending, no less10
than one hundred eighty days prior to trial, a plaintiff shall provide to all parties a11
statement of all existing or potential claims by that plaintiff or person whose12
exposure is alleged to be the cause of the claim, against any trust created pursuant13
to Title 11 of the United States Code, for the purpose of processing, liquidating,14
paying, or satisfying asbestos or silica claims or any fund established for the benefit15
of asbestos or silica claimants. The statement shall be a sworn statement, under oath,16
by a plaintiff and signed by his counsel that a good faith investigation of all potential17
trust or fund claims has been conducted. The statement shall also disclose when the18
claim was or will be made and whether there has been any request for deferral, delay,19
suspension, or tolling of the trust claims process or proceeding against a fund. The20 HLS 10RS-1307 ORIGINAL
HB NO. 358
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plaintiff shall have a continuing duty to supplement the sworn statement within thirty1
days of receipt of additional information which supports the filing of additional trust2
claims or claims against a fund.3
B. As to any claim identified in Paragraph A of this Article, the plaintiff4
shall produce final, executed proof of any claim and all supporting materials and all5
documents submitted to a trust or fund, including work histories, affidavits,6
depositions, trial testimony, and medical documentation, including X-rays, test7
results, reports and records of all doctors, and pathology results.8
C. Failure to comply with the disclosure requirements in this Article may9
serve as the basis for sanctions against the plaintiff including, at the discretion of the10
court, dismissal upon a finding that the plaintiff willfully failed to comply.11
D. Except as provided in Code of Evidence Articles 408 and 413, the12
disclosures required by this Article shall be admissible in actions involving asbestos13
and silica claims.14
Section 2. The provisions of this Act shall apply to all asbestos and silica claims15
filed on or after the effective date of this Act and to any pending asbestos or silica claims in16
which trial has not yet commenced as of the effective date of this Act.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 358
Abstract: Provides disclosure procedures for asbestos and silica claims.
Proposed law requires the plaintiff or person whose exposure is alleged to be the cause of
the claim to provide to all parties a statement of any existing or potential claims involving
asbestos or silica against any trust created in accordance with Title 11 of the U.S. Code or
any fund established for the benefit of asbestos or silica claimants within 30 days of
commencing an action or at least 180 days before a trial.
Proposed law requires the plaintiff to attest, and his attorney to sign, that a good faith
investigation of all potential claims has been conducted.
Proposed law requires the statement to include information regarding when all claims were
or may be filed and whether any deferrals, delays, suspensions, or tollings of the claims
process have been requested. HLS 10RS-1307 ORIGINAL
HB NO. 358
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Proposed law requires the plaintiff to supplement the statement within 30 days of obtaining
additional information supporting the filing of additional claims.
Proposed law requires, as to any claim, the final, executed proof of the claim and all
supporting materials and all documents submitted to a trust or fund, including work histories,
depositions, and all medical documentation.
Proposed law provides that failure to comply with the disclosure requirements may serve as
the basis for sanctions, including dismissal.
Proposed law provides that the disclosures made in accordance with proposed law shall be
admissible, except as provided in C.E. Arts. 408 and 413.
Proposed law applies to all asbestos and silica claims filed on or after the effective date of
proposed law and to all pending claims in which trial has not yet commenced as of the
effective date of proposed law.
(Adds C.C.P. Art. 1476)