Assembly Actions -
Senate Actions - UPPERCASE
|Jan 11, 2022||
referred to judiciary
Senate Bill S7810
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S7810 (ACTIVE) - Details
2021-S7810 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7810 SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the civil practice law and rules, in relation to filing initial disclosures in asbestos actions PURPOSE: The purpose of this legislation is to create a mechanism to address the repeated over-naming of defendants that have no reason to be included in asbestos personal injury or death lawsuits by requiring filing lawyers to identify the evidentiary basis for each claim against each defendant. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the civil practice law by adding a new article that requires the plaintiff attorney in an asbestos personal injury or death action to submit a sworn information form specifying the evidence and any supporting materials that provide the basis for each claim against each defendant.
2021-S7810 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7810 I N S E N A T E January 11, 2022 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to filing initial disclosures in asbestos actions 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 ASBESTOS ACTION INITIAL DISCLOSURES SECTION 9901. ASBESTOS ACTION; FILING OF SWORN INFORMATION FORM; DISMISSAL WITHOUT PREJUDICE. § 9901. ASBESTOS ACTION; FILING OF SWORN INFORMATION FORM; DISMISSAL WITHOUT PREJUDICE. 1. A COMPLAINT FILED BY A PLAINTIFF IN ANY ASBESTOS- RELATED PERSONAL INJURY OR WRONGFUL DEATH ACTION SHALL BE ACCOMPANIED BY A SWORN INFORMATION FORM SPECIFYING THE EVIDENCE THAT PROVIDES THE BASIS FOR EACH CLAIM AGAINST EACH DEFENDANT. THE SWORN INFORMATION SHALL INCLUDE ALL OF THE FOLLOWING WITH SPECIFICITY: A. THE NAME, ADDRESS, DATE OF BIRTH, MARITAL STATUS, OCCUPATION, SMOK- ING HISTORY, CURRENT AND PAST WORKSITES, AND CURRENT AND PAST EMPLOYERS OF THE EXPOSED PERSON, AND ANY PERSON THROUGH WHOM THE EXPOSED PERSON WAS EXPOSED TO ASBESTOS; B. EACH PERSON THROUGH WHOM THE EXPOSED PERSON WAS EXPOSED TO ASBESTOS AND THE EXPOSED PERSON'S RELATIONSHIP TO EACH SUCH PERSON; C. EACH PERSON WHO WILL TESTIFY AS A FACT WITNESS REGARDING THE PLAINTIFF'S EXPOSURES; D. EACH ASBESTOS-CONTAINING PRODUCT TO WHICH THE PERSON WAS EXPOSED OR THE OTHER PERSON WAS EXPOSED IF EXPOSURE WAS THROUGH ANOTHER PERSON; E. THE IDENTITY OF THE MANUFACTURER OR SELLER OF THE SPECIFIC ASBESTOS PRODUCT FOR EACH EXPOSURE; F. THE SPECIFIC LOCATION AND MANNER OF EACH EXPOSURE, INCLUDING FOR ANY PERSON THROUGH WHOM THE EXPOSED PERSON WAS EXPOSED TO ASBESTOS; G. THE BEGINNING AND ENDING DATES OF EACH EXPOSURE, THE FREQUENCY AND LENGTH OF EACH EXPOSURE, AND THE PROXIMITY OF THE ASBESTOS-CONTAINING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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