S470 - Personal Injury Bankruptcy Trust Claims. (SL 2018-4)

Overview: S.L. 2018-4 provides that in any personal injury action claiming disease based upon exposure to asbestos:

• The plaintiff must provide all parties with a sworn statement that the plaintiff has investigated all bankruptcy trust claims and has filed all bankruptcy trust claims that can be made;
• The plaintiff must provide all parties with the identity of all bankruptcy trust claims made and all materials submitted to or received from a bankruptcy trust;
• A defendant may seek discovery from a bankruptcy trust, which cannot be barred by any claim of privilege or confidentiality by the plaintiff, and the plaintiff must provide any consent required for the bankruptcy trust's release of the materials sought by the defendant;
• There is a rebuttable presumption that bankruptcy trust claims materials are relevant, authentic, and admissible in the action; and
• If a defendant has a reasonable belief that plaintiff can file additional bankruptcy trust claims, the court may grant the defendant's motion to stay the action until the plaintiff files the claim.

This act became effective on June 12, 2018, and applies to actions filed on or after that date.