HB 5250

Abstract

Amends the Civil Practice Law of the Code of Civil Procedure to add a Part concerning asbestos trust claims. Provides that within 30 days after an asbestos action is filed, the plaintiff shall provide all parties with certain disclosures. Provides that a plaintiff has a continuing duty to supplement the information. Provides that, not less than 60 days before trial, if a defendant believes the plaintiff has not filed all asbestos trust claims, the defendant may move the court for an order to require the plaintiff to file additional trust claims. Provides that trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. Provides that a claim of privilege does not apply to trust claim materials or trust governance documents. Provides that a defendant in an asbestos action may seek discovery from an asbestos trust. Provides that in an asbestos action in which damages are awarded, a defendant is entitled to a setoff in the amount the plaintiff has received from an asbestos trust and the amount the plaintiff will receive as specified in the asbestos trust governance documents. Provides that within 30 days after an asbestos action is filed, the plaintiff shall provide all parties with a sworn information form specifying the evidence that provides the basis for each claim against each defendant.