Kentucky HB 293: AN ACT relating to asbestos bankruptcy trust claims and declaring an emergency. Create a new section of KRS Chapter 411 to define "asbestos action," "asbestos trust," "trust claims materials," and "trust governance documents"; create a new section of KRS Chapter 411 to require a plaintiff filing an asbestos action to provide certain information and documents within 30 days of filing the action, and to supplement the information within 30 days of filing any additional asbestos trust claims; allow a court to extend trial date if plaintiff fails to comply; establish presumption of relevance of trust materials and documents; prohibit plaintiff from claiming privilege or confidentiality to bar discovery; create a new section of KRS Chapter 411 to allow a defendant that has at least 60 days before trial, identified additional asbestos claims, to move the court for an order requiring that the plaintiff file those claims; require that the plaintiff file a response within 10 days of defendant's motion; allow the court to order the plaintiff to file additional claims; establish sufficiency standard for asbestos trust claim; establish a rebuttable presumption that the plaintiff will receive additional compensation from the asbestos trust; allow the court to take judicial notice of specific amounts and to establish an attributed value of the trust claim; create a new section of KRS Chapter 411 to allow a court to reopen a judgment if an additional claim is determined to have existed at the time of the filed asbestos action and the defendant motions the court to do so within one year of the original judgment; EMERGENCY.

Status: Recommitted to Judiciary (H) (as of 2018-03-15)

State: Kentucky · Session: 2018RS · Bill: HB 293

Sponsors: B. Rowland, J. Fischer, S. Riggs

View Kentucky HB 293 on LegisTrack → — full text, sponsors, votes, campaign finance, and cross-state matches.