HB100 Alabama 2019 Session

Summary

Primary Sponsor

Jim CarnsRepresentative

Republican

Session

Regular Session 2019

Title

Civil procedure, Asbestos Trust Claims Transparency Act, disclosure of all viable asbestos trust claims required, Secs. 6-5-690 to 6-5-696 added.

Summary

HB 100 would require asbestos lawsuit plaintiffs in Alabama to disclose and produce all available asbestos trust claims and related materials before trial, with sworn disclosures and ongoing supplementation.

What This Bill Does

The bill creates the Asbestos Exposure Transparency Act and defines key terms. It requires plaintiffs to file a sworn affidavit within 90 days detailing exposure history and to provide all available trust claim materials, or alternatively to file all available trust claims. The court can require supplementation and may dismiss a claim without prejudice if information isn’t provided or properly supplemented. It also sets rules for bankruptcy trusts, allows extensive discovery of trust materials, makes trust documents presumptively admissible, and delays trial until compliance is achieved.

Who It Affects

• Plaintiffs in asbestos actions would must disclose detailed exposure information, identify exposure sources, and provide all available asbestos trust claims and materials within 90 days (or file all trust claims as an alternative).
• Defendants in asbestos actions (and the court) would be able to compel supplementation, pursue discovery from asbestos trusts, require additional trust claims, and delay trial until the plaintiff complies with these requirements.

Key Provisions

• Establishes the Asbestos Exposure Transparency Act, adding Article 35A (Sections 6-5-690 to 6-5-696).
• Definitions for asbestos action, asbestos trust, trust claim materials, and trust governance documents.
• §6-5-692: Within 90 days, plaintiff must file a sworn affidavit with personal data, disease claimed, and a detailed, source-by-source exposure history, plus provide supporting documents; court can require supplementation; dismissal without prejudice if not provided or not supplemented.
• §6-5-693: If within 90 days the plaintiff files all available trust claims and materials, §6-5-692 may be bypassed; plaintiff has ongoing duty to supplement; defendant can move for additional trust claims 60 days before trial; trial cannot start until 60 days after compliance.
• §6-5-694: Trust claim materials and governance documents are presumptively relevant and admissible; privilege does not apply; defendants may seek discovery from trusts and plaintiffs must cooperate with releases as needed.
• Effective date: the act takes effect on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure