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House approves asbestos-litigation transparency substitute after compromise

Utah House of Representatives · March 7, 2016
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Summary

House passes the second substitute to HB403, the Asbestos Litigation Transparency Act, after the sponsor described compromise language to extend disclosure deadlines, remove some sanctions and a contested trust-listing requirement; the vote was 69–6.

The House adopted the second substitute to HB403, the Asbestos Litigation Transparency Act, on March 7 by a recorded vote of 69–6.

Sponsor Representative Wilson described the substitute as a negotiated compromise among parties. He said the substitute extends deadlines for plaintiffs to meet disclosure requirements, removes sanctions opponents deemed too harsh, and eliminates a requirement that courts be provided a list of trust claims that opponents said other states do not require. "This substitute reflects compromise language... which extends the deadline for plaintiffs in asbestos litigation to meet disclosure requirements," the sponsor said.

Several members praised the sponsor and those involved in negotiations. Representative Webb called the work "remarkable," noting the bill addressed a complex and emotional set of issues.

Representative Brian King acknowledged the difficulty and gravity of mesothelioma and other asbestos-related injuries and said more time-intensive evaluation of competing interests is needed; he nevertheless appreciated the work to reach common ground.

After summations the House opened and closed a roll-call vote; the clerk recorded 69 yes, 6 no and the bill was transmitted to the Senate for consideration.

The substitute, as described on the floor, aims to preserve trust assets for victims while improving upfront disclosure and leveling the process used in asbestos claims.