SB0040 102ND GENERAL ASSEMBLY

LRB102 03814 LNS 13827 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0040

Introduced 1/29/2021, by Sen. Jason A. Barickman

SYNOPSIS AS INTRODUCED:

735 ILCS 5/Art. II Pt. 24 heading new
735 ILCS 5/2-2401 new
735 ILCS 5/2-2402 new
735 ILCS 5/2-2403 new
735 ILCS 5/2-2404 new
735 ILCS 5/2-2405 new
735 ILCS 5/2-2406 new
735 ILCS 5/2-2407 new

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Part 24 as follows:

(735 ILCS 5/Art. II Pt. 24 heading new)

Part 24. Asbestos Actions

(735 ILCS 5/2-2401 new)

Sec. 2-2401. Definitions. As used in this Part:

"Asbestos action" means a claim for damages or other relief presented in a civil action arising out of, based on, or related to the health effects of exposure to asbestos and any derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person.

"Asbestos trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. 524(g) or 11 U.S.C. 1121(a) or other applicable provision of law, that is intended, in whole or in part, to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.

"Trust claim materials" means a final executed proof of claim and all documents and information submitted to or received from an asbestos trust by the plaintiff, including claim forms and supplementary materials, affidavits, depositions and trial testimony of the plaintiff and others knowledgeable about the plaintiff's exposure history, work history, exposure allegations, medical and health records, all documents that reflect the status of a claim against an asbestos trust, and all documents relating to the settlement of trust claims.

"Trust governance documents" means all documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.

(735 ILCS 5/2-2402 new)

Sec. 2-2402. Required disclosures by plaintiff.

(a) Within 30 days after an asbestos action is filed, the plaintiff shall provide all parties with:

(1) a sworn statement indicating that an investigation has been conducted and that all asbestos trust claims that can be made by the plaintiff have been filed; and

(2) all trust claim materials from all law firms connected to the plaintiff in relation to exposure to asbestos.

(b) A plaintiff has a continuing duty to supplement the information and materials required under subsection (a) within 30 days after the plaintiff supplements an asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional trust claim.

(735 ILCS 5/2-2403 new)

Sec. 2-2403. Defendant identification of additional asbestos trust claims.

(a) Not less than 60 days before trial, if a defendant believes the plaintiff has not filed all asbestos trust claims as required under Section 2-2402, the defendant may move the court for an order to require the plaintiff to file additional trust claims.

(b) If the court determines that there is a sufficient basis for the plaintiff to file an asbestos trust claim identified by the defendant, the court shall stay the action until the plaintiff files the asbestos trust claim and produces all related trust claim materials.

(c) An asbestos action may not be set for trial until at least 60 days after the plaintiff complies with this Section.

(735 ILCS 5/2-2404 new)

Sec. 2-2404. Discovery; use of materials.

(a) Trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. A claim of privilege does not apply to trust claim materials or trust governance documents.

(b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.

(735 ILCS 5/2-2405 new)

Sec. 2-2405. Setoff. 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, for trust claims not yet paid as of the date of entry of judgment, the amount the plaintiff will receive as specified in the asbestos trust governance documents. If multiple defendants are found liable for damages, the court shall distribute the amount of the setoff proportionally between the defendants, according to the liability of each defendant.

(735 ILCS 5/2-2406 new)

Sec. 2-2406. Asbestos action; filing of sworn information form; dismissal without prejudice.

(a) 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. The sworn information form is in addition to any information required to be disclosed under Section 2-2402 and shall include all of the following with specificity:

(1) the name, address, date of birth, marital status, occupation, smoking history, current and past work sites, and current and past employers of the exposed person and any person through whom the exposed person was exposed to asbestos;

(2) each person through whom the exposed person was exposed to asbestos and the exposed person's relationship to each such person;

(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 identity of the manufacturer or seller of the specific asbestos product for each exposure;

(5) the specific location and manner of each exposure, including the specific location and manner of each exposure for any person through whom the exposed person was exposed to asbestos;

(6) the beginning and ending dates of each exposure, the frequency and length of each exposure, and the proximity of the asbestos-containing product or its use to the exposed person and any person through whom the exposed person was exposed to asbestos;

(7) the specific asbestos-related disease claimed to exist;

(8) a certification that any claim that can be made by the plaintiff with a bankruptcy trust concerning any asbestos injury has been filed; and

(9) any supporting documentation relating to the information required under this Section.

(b) A plaintiff has a continuing duty to supplement the information disclosed under subsection (a).

(c) The court shall dismiss a plaintiff's asbestos claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures set forth in subsection (a).

(d) The court shall dismiss a plaintiff's asbestos claim without prejudice as to all defendants if a plaintiff fails to comply with this Section.

(735 ILCS 5/2-2407 new)

Sec. 2-2407. Applicability. This Part applies to asbestos actions that are filed on or after the effective date of this Part.