assembly Bill A10964

2017-2018 Legislative Session

Relates to truth and fairness in asbestos litigation

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 29, 2018 referred to judiciary

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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

A10964 (ACTIVE) - Summary

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

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.