Bill # and Title: HB 1061 – Asbestos Litigation
Author: Rep. Matt Lehman (R-Berne)
Summary: Urges the Legislative Council to assign to the appropriate interim study committee the topic of the appropriate statute of repose duration for certain product liability actions. Requires certain disclosures regarding asbestos bankruptcy trust claims in civil asbestos actions. Provides medical criteria to set aside and preserve the claims of asbestos and silica claimants without physical impairment, and gives priority to asbestos and silica claimants with malignant conditions and impairing nonmalignant conditions.
Chamber Position: Support
Update/Chamber Action: Even with changes made – to a stripped-down version with our absolute couple of must-haves (as discussed in last week’s report) – the bill did not get a vote in the Senate Civil Law Committee before the deadline and is most likely a dead issue for the session.
A lot of effort went into this measure but there simply were not enough votes to get the bill out of this committee, whose makeup favors the trial lawyers who are opposed to this legislation. There has been some discussion about possibly studying the issue over the summer; the Chamber will continue to push for action.
Resource: Mike Ripley at (317) 264-6883 or e-mail: [email protected]