Asbestos Litigation Reform / Over-Naming

| January 23, 2023

A plaintiff filing an asbestos action after July 1 must

A plaintiff filing an asbestos action after July 1 must file, within 30 days of any complaint, an information form attested by plaintiff stating the evidence that provides the basis for each claim against each defendant and include supporting documentation. Plaintiffs have a continuing duty to supplement the required disclosures. 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. In addition, absent consent of all parties, asbestos cases may be joined for trial only if the cases relate to the exposed person and members of that person’s household. Tennessee had banned on joinder of nonmalignant asbestos disease claims at trial; that ban has been extended to all asbestos cases.