IL HB4586 | 2019-2020 | 101st General Assembly
Status
Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on February 5 2020 - 25% progression, died in committee
Action: 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]
Status: Introduced on February 5 2020 - 25% progression, died in committee
Action: 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]
Summary
Amends the Civil Practice Law of the Code of Civil Procedure to add a Part concerning asbestos trust claims. Includes a statement of legislative findings and purpose. Defines terms. Provides that within 30 days after an asbestos action is filed, the plaintiff shall: (1) provide all parties with a sworn statement indicating that an investigation has been conducted and that all asbestos trust claims that can be made by the plaintiff have been filed; and (2) provide all parties with all trust claim materials from all law firms connected to the plaintiff in relation to exposure to asbestos. Provides that a plaintiff has a continuing duty to supplement the information and materials within 30 days after the plaintiff supplements an asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional trust claim. Provides that, not less than 60 days before trial, if a defendant believes the plaintiff has not filed all asbestos trust claims, the defendant may move and the court may enter an order to require the plaintiff to file additional trust claims. Provides that trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. Provides that a claim of privilege does not apply to trust claim materials or trust governance documents and that a defendant may seek discovery from an asbestos trust. Provides that a defendant is entitled to a setoff in the amount the plaintiff has received or will receive from an asbestos trust.
Title
CIV PRO-ASBESTOS TRUST CLAIMS
Sponsors
History
Date | Chamber | Action |
---|---|---|
2020-06-23 | House | Rule 19(b) / Re-referred to Rules Committee |
2020-03-12 | House | Assigned to Judiciary - Civil Committee |
2020-02-05 | House | Referred to Rules Committee |
2020-02-05 | House | First Reading |
2020-02-05 | House | Filed with the Clerk by Rep. Margo McDermed |
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
735 | 5 | 2-2401 | New Code | See Bill Text |
735 | 5 | 2-2402 | New Code | See Bill Text |
735 | 5 | 2-2403 | New Code | See Bill Text |
735 | 5 | 2-2404 | New Code | See Bill Text |
735 | 5 | 2-2405 | New Code | See Bill Text |
735 | 5 | 2-2406 | New Code | See Bill Text |
735 | 5 | Art. II Pt. 24 h | New Code | See Bill Text |
Illinois State Sources
Type | Source |
---|---|
Summary | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4586&GAID=15&DocTypeID=HB&SessionID=108&GA=101 |
Text | https://www.ilga.gov/legislation/101/HB/10100HB4586.htm |