IL HB4586 | 2019-2020 | 101st General Assembly

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on February 5 2020 - 25% progression, died in committee
Action: 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Civil Practice Law of the Code of Civil Procedure to add a Part concerning asbestos trust claims. Includes a statement of legislative findings and purpose. Defines terms. Provides that within 30 days after an asbestos action is filed, the plaintiff shall: (1) provide all parties with 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) provide all parties with all trust claim materials from all law firms connected to the plaintiff in relation to exposure to asbestos. Provides that a plaintiff has a continuing duty to supplement the information and materials 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. 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 and the court may enter 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 and that a defendant may seek discovery from an asbestos trust. Provides that a defendant is entitled to a setoff in the amount the plaintiff has received or will receive from an asbestos trust.

Tracking Information

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Title

CIV PRO-ASBESTOS TRUST CLAIMS

Sponsors


History

DateChamberAction
2020-06-23HouseRule 19(b) / Re-referred to Rules Committee
2020-03-12HouseAssigned to Judiciary - Civil Committee
2020-02-05HouseReferred to Rules Committee
2020-02-05HouseFirst Reading
2020-02-05HouseFiled with the Clerk by Rep. Margo McDermed

Code Citations

ChapterArticleSectionCitation TypeStatute Text
73552-2401New CodeSee Bill Text
73552-2402New CodeSee Bill Text
73552-2403New CodeSee Bill Text
73552-2404New CodeSee Bill Text
73552-2405New CodeSee Bill Text
73552-2406New CodeSee Bill Text
7355Art. II Pt. 24 hNew CodeSee Bill Text

Illinois State Sources


Bill Comments

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