Assembly Bill A10964

2017-2018 Legislative Session

Relates to truth and fairness in asbestos litigation

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A10964 (ACTIVE) - Details

See Senate Version of this Bill:
S2511
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 99 §§9901 - 9907, CPLR
Versions Introduced in 2019-2020 Legislative Session:
A53, S7659

2017-A10964 (ACTIVE) - Summary

Relates to truth and fairness in asbestos litigation; provides for requirements in trust claims.

2017-A10964 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10964
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced  by  M.  of A. BUCHWALD, SCHIMMINGER, OTIS, THIELE, STIRPE --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation  to  truth
   and fairness in asbestos litigation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil practice law and rules is amended by adding a new
 article 99 to read as follows:
                                ARTICLE 99
                      TRUTH IN ASBESTOS TRUST CLAIMS
 SECTION 9901. DEFINITIONS.
         9902. REQUIREMENT TO MAKE TRUST CLAIMS.
         9903. NOTICE OF TRUST CLAIM; PRODUCTION OF TRUST CLAIM MATERIAL.
         9904. FAILURE TO MAKE TRUST CLAIM OR PROVIDE  NOTICE  AND  TRUST
                CLAIM MATERIAL.
         9905. IDENTIFICATION  OF  ADDITIONAL  ASBESTOS  TRUST  CLAIMS BY
                DEFENDANTS.
         9906. EVIDENCE OF TRUST CLAIMS.
         9907. MOTION FOR SANCTIONS.
   § 9901. DEFINITIONS. AS USED IN THIS  ARTICLE:  (1)  "ASBESTOS  TRUST"
 MEANS  A  GOVERNMENT-APPROVED OR COURT-APPROVED TRUST, QUALIFIED SETTLE-
 MENT 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.
   (2)  "TRUST  CLAIM"  MEANS  ANY  FILING  WITH,  SUBMISSION TO OR CLAIM
 AGAINST AN ASBESTOS TRUST SEEKING RECOVERY OF  COMPENSATION  OR  DAMAGES
 FOR OR ARISING FROM THE HEALTH EFFECTS OF EXPOSURE TO ASBESTOS.
   (3)  "TRUST  CLAIM  MATERIAL" MEANS ANY AND ALL DOCUMENTATION FILED OR
 SUBMITTED BY OR ON BEHALF OF A CLAIMANT AS PART OF OR IN CONNECTION WITH
 A TRUST CLAIM, INCLUDING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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