Miscellaneous


Utah – 2023
Address over-naming in asbestos cases and requires plaintiffs with nonmalignant conditions to demonstrate impairment pursuant to objective medical criteria. Within twenty-one days after the day on which the first answer is filed in response to the plaintiff’s complaint, the plaintiff must provide the parties with a sworn declaration stating the evidence providing the basis for each claim against each defendant and include supporting documentation. The court, on motion by a defendant, shall dismiss a plaintiff’s asbestos action without prejudice as to any defendant whose product or premises is not identified in the required disclosures. The court may not dismiss a plaintiff’s asbestos claim upon a showing of good cause by the plaintiff. In addition, within ninety days after the day on which the plaintiff files a complaint in an asbestos action alleging a nonmalignant condition, the plaintiff must file a detailed narrative medical report and diagnosis, signed under oath by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed individual has a physical impairment for which exposure to asbestos was a substantial contributing factor.
Establishes a 180 day time limit for prelitigation hearings and
Establishes a 180 day time limit for prelitigation hearings and permits parties to stipulate bypassing the prelitigation panel process.
Promotes arbitration in tort cases and prohibits claims for punitive
Promotes arbitration in tort cases and prohibits claims for punitive damages in such actions. Creates filing and notice limits and provides for the selection of a single arbitrator or a panel of arbitrators. Decisions by arbitrators are final, but either party can request for trial de novo. If the plaintiff, as the moving party, does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the defendant’s costs. If a defendant, as the moving party, does not obtain a verdict that is at least 30% less than the arbitration award, then the defendant is responsible for all of the plaintiff’s costs.
Overturns a court ruling that determined that negligent credentialing would
Overturns a court ruling that determined that negligent credentialing would be a new cause of action in Utah. Provides that negligent credentialing is not a cause of action in Utah.
Enacts transparency requirements with respect to asbestos bankruptcy trust claims
Enacts transparency requirements with respect to asbestos bankruptcy trust claims in civil asbestos actions by requiring the plaintiff to provide specified information to the court and the parties, and allows the defendant to move the court requesting a stay of the proceedings if the defendant has information that could support additional trust claims by the plaintiff. Provides parties with all trust claims materials after commencement of an asbestos-related lawsuit.
Codifies current Utah common law regarding trespass liability. It provides
Codifies current Utah common law regarding trespass liability. It provides that a land owner does not owe a duty of care to a trespasser except in a few limited circumstances.
Promotes arbitration in tort cases and prohibits claims for punitive
Promotes arbitration in tort cases and prohibits claims for punitive damages in such actions. Creates filing and notice limits and provides for the selection of a single arbitrator or a panel of arbitrators. Decisions by arbitrators are final, but either party can request for trial de novo. If the plaintiff, as the moving party, does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the defendant’s costs. If a defendant, as the moving party, does not obtain a verdict that is at least 30% less than the arbitration award, then the defendant is responsible for all of the plaintiff’s costs.
Requires the attorney general to take certain steps before it
Requires the attorney general to take certain steps before it hires private plaintiffs’ attorneys on a contingency fee basis. S.B. 264 sets tiered limits on the amount of the contingency fee the outside counsel can receive. (Stuart Adams – R)
Exempted from civil liability manufacturers, packers, distributors, carriers, holders, marketers,
Overturns a court ruling that determined that negligent credentialing would
Overturns a court ruling that determined that negligent credentialing would be a new cause of action in Utah. Provides that negligent credentialing is not a cause of action in Utah
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