Amends TCA Title 29, Chapter 28 and Title 29, Chapter 34.
Present law requires a plaintiff in an asbestos action alleging a nonmalignant condition to file a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of the Asbestos Claims Priorities Act. Additionally, a plaintiff in an asbestos action filed on or after July 1, 2016, must also include an information form with the complaint for nonmalignant conditions containing all of the following: (1) The name, address, date of birth, social security number, marital status, occupation, and employer of the exposed person and any person through which the exposed person alleges exposure; (2) The plaintiff's relationship to the exposed person or the person through which the exposure is alleged; (3) To the best of the plaintiff's ability, the location and manner of each alleged exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each alleged exposure and the identity of the manufacturer of the specific asbestos product for each exposure when this information is reasonably available; (4) The identity of the defendant or defendants against whom the plaintiff asserts a claim; (5) The specific asbestos-related disease claimed to exist; and (6) Any supporting documentation relating to (3)-(5). This bill replaces some of the present law informational disclosure requirements described in (1)-(6), to instead require a plaintiff in an asbestos action, including an action alleging a nonmalignant condition or a malignant condition, filed on or after July 1, 2021, to include with any complaint a sworn information form stating the evidence that provides the basis for each claim against each defendant. The sworn information form must include all of the following: (1) The name, address, date of birth, social security number, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person, and any person through which the exposed person alleges exposure; (2) The plaintiff's relationship to the exposed person or the person through which the exposure is alleged; (3) Each asbestos-containing product to which the person was exposed and each physical location at which the person was exposed to asbestos, or the other person was exposed if exposure was through another person; (4) The specific location and manner of each exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each exposure, the frequency and length of each exposure, the proximity of the asbestos-containing product or its use to the exposed person and any person through which the exposed person was exposed, and the identity of the manufacturer or seller of the specific asbestos product for each exposure; (5) The specific asbestos-related disease claimed to exist; and (6) Any supporting documentation relating to (1)-(5). This bill adds that a plaintiff has a continuing duty to supplement the information that is required by (1)-(6). This bill requires a court, upon the defendant's motion, to dismiss a plaintiff's asbestos claim without prejudice as to: (1) Any defendant whose product or premises is not identified in the required disclosures; and (2) All defendants if the plaintiff fails to comply with the requirements of (1)-(6). Present law authorizes a court to consolidate for trial any number and type of nonmalignant asbestos actions with the consent of all the parties. This bill expands such authorization by allowing courts to consolidate asbestos actions, whether malignant or nonmalignant in nature. ON APRIL 8, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 873, AS AMENDED. AMENDMENT #1 revises various provisions of this bill, as follows: (1) Specifies that the information must be "filed" instead of "included," that it must be "attested by the plaintiff" instead of "sworn," and that the information must be included "to the best of the plaintiff's ability"; (2) Requires that the information be filed within 30 days of filing a complaint; (3) Revises the information to be provided that is described above in the bill summary in the second item (4) to remove "the proximity of the asbestos-containing product or its use to the exposed person and any person through which the exposed person was exposed" and to remove the "length" of each exposure; (4) Revises the information to be provided that is described above in the bill summary in the second item (6) to specify that the supporting documentation must be sufficient to establish the basis for each claim against each defendant.
Present law requires a plaintiff in an asbestos action alleging a nonmalignant condition to file a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of the Asbestos Claims Priorities Act. Additionally, a plaintiff in an asbestos action filed on or after July 1, 2016, must also include an information form with the complaint for nonmalignant conditions containing all of the following: (1) The name, address, date of birth, social security number, marital status, occupation, and employer of the exposed person and any person through which the exposed person alleges exposure; (2) The plaintiff's relationship to the exposed person or the person through which the exposure is alleged; (3) To the best of the plaintiff's ability, the location and manner of each alleged exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each alleged exposure and the identity of the manufacturer of the specific asbestos product for each exposure when this information is reasonably available; (4) The identity of the defendant or defendants against whom the plaintiff asserts a claim; (5) The specific asbestos-related disease claimed to exist; and (6) Any supporting documentation relating to (3)-(5). This bill replaces some of the present law informational disclosure requirements described in (1)-(6), to instead require a plaintiff in an asbestos action, including an action alleging a nonmalignant condition or a malignant condition, filed on or after July 1, 2021, to include with any complaint a sworn information form stating the evidence that provides the basis for each claim against each defendant. The sworn information form must include all of the following: (1) The name, address, date of birth, social security number, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person, and any person through which the exposed person alleges exposure; (2) The plaintiff's relationship to the exposed person or the person through which the exposure is alleged; (3) Each asbestos-containing product to which the person was exposed and each physical location at which the person was exposed to asbestos, or the other person was exposed if exposure was through another person; (4) The specific location and manner of each exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each exposure, the frequency and length of each exposure, the proximity of the asbestos-containing product or its use to the exposed person and any person through which the exposed person was exposed, and the identity of the manufacturer or seller of the specific asbestos product for each exposure; (5) The specific asbestos-related disease claimed to exist; and (6) Any supporting documentation relating to (1)-(5). This bill adds that a plaintiff has a continuing duty to supplement the information that is required by (1)-(6). This bill requires a court, upon the defendant's motion, to dismiss a plaintiff's asbestos claim without prejudice as to: (1) Any defendant whose product or premises is not identified in the required disclosures; and (2) All defendants if the plaintiff fails to comply with the requirements of (1)-(6). Present law authorizes a court to consolidate for trial any number and type of nonmalignant asbestos actions with the consent of all the parties. This bill expands such authorization by allowing courts to consolidate asbestos actions, whether malignant or nonmalignant in nature. ON APRIL 8, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 873, AS AMENDED. AMENDMENT #1 revises various provisions of this bill, as follows: (1) Specifies that the information must be "filed" instead of "included," that it must be "attested by the plaintiff" instead of "sworn," and that the information must be included "to the best of the plaintiff's ability"; (2) Requires that the information be filed within 30 days of filing a complaint; (3) Revises the information to be provided that is described above in the bill summary in the second item (4) to remove "the proximity of the asbestos-containing product or its use to the exposed person and any person through which the exposed person was exposed" and to remove the "length" of each exposure; (4) Revises the information to be provided that is described above in the bill summary in the second item (6) to specify that the supporting documentation must be sufficient to establish the basis for each claim against each defendant.
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