HB92 Alabama 2024 Session

Summary

Primary Sponsor

Troy StubbsRepresentative

Republican

Session

Regular Session 2024

Title

Civil practice, asbestos actions; filing requirements, further provided

Summary

HB92 tightens asbestos exposure lawsuits in Alabama by requiring detailed disclosures, trust-claim filing, and procedural safeguards that can lead to dismissal or discovery delays if not followed.

What This Bill Does

If enacted, plaintiffs must file an affidavit within 45 days of filing an asbestos action that lists the basis for every claim against each defendant and includes extensive details about the exposed person, exposure sources, worksites, dates, and knowledgeable individuals. Plaintiffs must also file all available asbestos trust claims and related materials within a set timeframe and continue to supplement as new information or additional trust claims become available. Defendants may move to require supplementation if disclosures are incomplete, the court can stay discovery until disclosures are provided, and the court can dismiss claims without prejudice if the plaintiff fails to comply.

Who It Affects

• Plaintiffs in asbestos actions: must provide highly detailed, claim-by-claim disclosures and timely trust-claim filings; risk dismissal without prejudice or trial delays if they fail to comply.
• Defendants in asbestos actions: gain new grounds to seek dismissal or require supplementation for incomplete disclosures; discovery can be stayed pending disclosures.
• Asbestos trusts and claim processes: plaintiffs must disclose trust claims and materials and continually supplement; trial timing is tied to compliance with these requirements.

Key Provisions

• Defines terms used in asbestos actions (asbestos action, asbestos trust, exposed person, trust claim materials, trust governance documents) and clarifies that ovarian cancer claims are excluded from asbestos actions.
• Requires the plaintiff to provide an affidavit within 45 days after filing, detailing the basis for each claim against each defendant, identifying exposure sources, worksites, dates, and individuals knowledgeable about exposures.
• Specifies the information to be included in the affidavit, including the plaintiff’s exposed person’s details, disease claimed, exposure sources, locations and manners of exposure, dates, defendant connections, and the names and relationships of knowledgeable individuals.
• Grants a defendant the right to move for supplementation if disclosures are incomplete; if the court finds a sufficient basis to supplement, the action is stayed until supplementation is provided.
• Requires dismissal of the plaintiff’s claim without prejudice if required information is not provided or a supplementation order is not satisfied within 90 days.
• Allows a defendant to file a motion to dismiss if a defendant’s product or premises is not specifically identified in the plaintiff’s affidavit.
• Requires the plaintiff to file all available asbestos trust claims and related materials within a defined period after filing and to supplement these filings within 30 days of receiving new information or filing additional trust claims; trial cannot begin until at least 60 days after compliance with trust-related requirements.
• Effective date: October 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure