Asbestos Bankruptcy Trust Claims: S.B. 138 (2017)
Establishes guidelines for asbestos litigation. The plaintiff must provide the
Establishes guidelines for asbestos litigation. The plaintiff must provide the court and parties with a sworn statement signed by the plaintiff and the plaintiff’s counsel indicating that all asbestos trust claims that can be made have been filed, provide all parties with any trust claims material, and if the plaintiff’s claim is based on exposure to asbestos through any other person, the plaintiff must produce all trust claims materials submitted by the other person. A defendant may file for a stay of the proceedings if there is information that could support additional trust claims by the plaintiff. The motion must identify any asbestos trust claim the defendant believes the plaintiff can file and include any information supporting the asbestos trust claim. If the court determines there is sufficient basis for the plaintiff to file an asbestos trust claim, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces related trust claims material.
ATRA reports neither candidate for West Virginia Attorney General has signed its transparency oath, writes Chris Dickerson for the West Virginia Record.
ATRA President Tiger Joyce writes about trial lawyers’ latest pet project – business interruption lawsuits against insurance companies in the wake of COVID-19.
ATRA reports West Virginia attorney general candidates’ inaction on transparency code pledge.
ATRA announces two Utah candidates for attorney general signing its AG transparency code pledge.
A Washington controlled by Democrats would be a bonanza for the trial bar, writes W.J. Kennedy for Legal Newsline.