SSB 3167 (LSB 5524XC (3) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to civil actions involving asbestos and silica, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 686B.3, subsection 2, Code 2020, is amended to read as follows:
   2.  A plaintiff in an asbestos action, including an action alleging a nonmalignant or a malignant condition, or a silica action involving silicosis, shall include with the detailed narrative medical report file with the complaint or other initial pleading a sworn information form containing specifying the evidence that provides the basis for each claim against each defendant. The sworn information form shall include all of the following:
   a.  The plaintiff’s name, address, date of birth, social security number, marital status, occupation, and employer of the exposed person, and any person through whom the exposed person alleges exposure all current and former employers.
   b.  The plaintiff’s relationship to the exposed person or person through whom the exposure is alleged. All of the following with specificity:
   (1)  Each source of exposure to asbestos or silica alleged by the plaintiff.
   (2)  Each person through whom the plaintiff alleges exposure to asbestos or silica.
   (3)  Each asbestos-containing product or silica product, whether from a bankrupt entity or otherwise, to which the plaintiff was exposed, or if the plaintiff was exposed through another person, to which that person was exposed. 
   (4)  Each premises at which the plaintiff was exposed to asbestos or silica, or if the plaintiff was exposed through another person, to which that person was exposed. 
   0c.  The plaintiff’s relationship to each person through whom the plaintiff was exposed to asbestos or silica.
   c.  The specific location and manner of each alleged exposure, including the specific location and manner of exposure for any person through whom the exposed person alleges exposure plaintiff was exposed to asbestos or silica. 
   d.  The beginning and ending dates of each alleged exposure. 
   e.  The identity of the manufacturer of the specific asbestos or silica product for each exposure.
   f.  The identity of the defendant or defendants against whom the plaintiff asserts a claim specific relationship of each defendant to the plaintiff, and to each person through whom the plaintiff was exposed to asbestos or silica.
   g.  The specific asbestos-related or silica-related disease claimed to exist.
   h.  Any supporting documentation relating to the information required under this subsection.
    Sec. 2.  Section 686B.3, subsection 3, Code 2020, is amended by striking the subsection.
    Sec. 3.  Section 686B.3, subsection 5, Code 2020, is amended to read as follows:
   5.  a.  The court shall dismiss the asbestos action or silica action without prejudice on finding that the plaintiff has failed to make the prima facie showing required by this chapter or failed to comply with the requirements of this section subsection 1.
   b.  The court shall dismiss the asbestos action or silica action without prejudice as to each defendant for whom the plaintiff lacks reliable defendant-specific evidence of sufficient exposure to asbestos or silica to create a reasonable inference that the plaintiff is plausibly entitled to relief. The court may dismiss the action without prejudice as to all defendants if the plaintiff fails to comply with the requirements of subsection 2.
   c.  If a plaintiff’s representations supporting a claim against a defendant in an asbestos action or a silica action are materially false, the defendant may move the court to strike the plaintiff’s pleading as to that defendant and to award the defendant attorney fees, costs, and any other relief that the court determines is just and proper in the circumstances.
    Sec. 4.  APPLICABILITY.  This Act applies to an asbestos action, including an action alleging a nonmalignant or malignant condition, or a silica action involving silicosis filed on or after July 1, 2020. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to civil actions involving asbestos and silica.
   The bill requires a plaintiff in an asbestos action, including an action alleging a nonmalignant or a malignant condition, or a silica action involving silicosis, to file with the complaint or other initial pleading a sworn information form specifying the evidence that provides the basis for each claim against each defendant. The sworn information form must contain the information as detailed in the bill. Current law does not require a plaintiff in an asbestos action, including an action alleging a malignant condition, or a silica action involving silicosis, to file a sworn information form stating the basis for each claim against each defendant.
   The bill directs the court to dismiss an asbestos action or a silica action without prejudice on finding that a plaintiff has failed to make a prima facie case. The court is also required to dismiss an asbestos action or silica action without prejudice as to each defendant for whom a plaintiff lacks reliable defendant-specific evidence of sufficient exposure to asbestos or silica to create a reasonable inference that the plaintiff may be entitled to relief. The court may dismiss the action without prejudice as to all defendants if the plaintiff fails to comply with the requirements for the sworn statement.
   If a plaintiff’s representations supporting a claim against a defendant are materially false, the bill allows the defendant to move the court to strike the plaintiff’s pleading as to that defendant and to award the defendant attorney fees, costs, and any other relief the court determines is just and proper in the circumstances. 
   The provisions in the bill apply to asbestos actions, including actions alleging a nonmalignant or malignant condition, or silica actions involving silicosis filed on or after July 1, 2020.