Signed by Governor Scott Walker

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes new requirements for claims against an asbestos trust.

Highlights:

• Requires a plaintiff to provide all parties with a sworn statement identifying the following information regarding each personal injury claim he or she has filed or reasonably anticipates filing against an asbestos trust within 45 days of the filing of the initial claim (Sec. 1):
• The name, address, and contact information for the asbestos trust; 
• The amount claimed by the plaintiff;
• The date that the plaintiff filed the claim; 
• The disposition of the claim; and 
• Whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.

• Requires the plaintiff to provide all parties with a copy of the proof of claim, all trust documents, trust governance documents, any documents reflecting the current status of the claim, and if the claim is settled, all documents relating to the settlement within 60 days of the filing of the initial claim (Sec. 1).

• Requires the plaintiff to assign all rights or claims for a personal injury claim to the asbestos trust before collecting any funds for damages, if the trust is found to be causally negligent or responsible for the damages against the plaintiff (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes new requirements for claims against an asbestos trust.

Highlights:

• Requires a plaintiff to provide all parties with a sworn statement identifying the following information regarding each personal injury claim he or she has filed or reasonably anticipates filing against an asbestos trust within 45 days of the filing of the initial claim (Sec. 1):
• The name, address, and contact information for the asbestos trust; 
• The amount claimed by the plaintiff;
• The date that the plaintiff filed the claim; 
• The disposition of the claim; and 
• Whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.

• Requires the plaintiff to provide all parties with a copy of the proof of claim, all trust documents, trust governance documents, any documents reflecting the current status of the claim, and if the claim is settled, all documents relating to the settlement within 60 days of the filing of the initial claim (Sec. 1).

• Requires the plaintiff to assign all rights or claims for a personal injury claim to the asbestos trust before collecting any funds for damages, if the trust is found to be causally negligent or responsible for the damages against the plaintiff (Sec. 1).

Full Bill Text