NY State Senate Bill 2023-S6356

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Apr 17, 2023	referred to judiciary

2023-S6356 (ACTIVE) - Details

See Assembly Version of this Bill:: A2939
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add Art 99 §9901, CPLR
Versions Introduced in 2021-2022 Legislative Session:: S7810, A9957

2023-S6356 (ACTIVE) - Summary

Requires certain information regarding evidence that provides the basis for each asbestos-related personal injury or wrongful death claim against a defendant.

2023-S6356 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6356

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to filing
initial disclosures in asbestos actions

 
PURPOSE:

The purpose of this legislation is to create a mechanism to address the
repeated over-naming of defendants that have no reason to be included in
asbestos personal injury or death lawsuits by requiring filing lawyers
to identify the evidentiary basis for each claim against each defendant.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil practice law by adding a new article that
requires the plaintiff attorney in an asbestos personal injury or death
action to submit a sworn information form specifying the evidence and
any supporting materials that provide the basis for each claim against
each defendant.

Section 2 states an effective date.

 
JUSTIFICATION:

There has been a dramatic rise in the number of defendants named in
asbestos personal injury or death lawsuits. The first asbestos lawsuit
filed over a generation ago named less than a dozen defendant manufac-
turers of asbestos-containing thermal insulation products.  Over time
and following the bankruptcies of virtually all members of the so-called
asbestos industry, the number of companies named in asbestos lawsuits
grew exponentially; it now totals over 11,000 unique defendants. More
than 700 unique defendants have been named in New York asbestos cases.

On average, about 50 defendants are named in each asbestos action filed
in New York. Plaintiffs have named as many as 122 defendants in individ-
ual complaints.

According to KCIC consulting, "it is believed that many defendants are
named frequently with no proof of exposure." Other commentators have
observed that "the tendency of plaintiffs to overname viable defendants
in their complaints is a grasping of straws to have a viable defendant
or few still standing should the case culminate in trial and verdict."

Defendant companies can collectively spend many thoUsands of dollars in
defense costs and loss of productivity to be released from individual
cases in which there was never proof of exposure. In situations where
defense costs are paid throughout insurance, the result is future
increases in premiums for all and potential erosion of policies that may
be needed to compensate future plaintiffs with legitimate claims. The
cost associated with improper naming of defendants in asbestos actions
has contributed to employer bankruptcies.

The legislation would create a mechanism to ensure that there is an
evidentiary basis for each claim against each defendant named in an
asbestos personal injury or death action. It will cut down on unneces-
sary litigation and wasted defense costs, and will help ensure that
already scarce judicial resources are not squandered on asbestos
personal injury or death claims lacking evidentiary support.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S7810/A9957 - Died in Judiciary

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act applies to asbestos actions that are filed on or after the
effective date of this act.

2023-S6356 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6356
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  filing
   initial disclosures in asbestos actions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 99 to read as follows:
                                 ARTICLE 99
                    ASBESTOS ACTION INITIAL DISCLOSURES
 SECTION 9901. ASBESTOS  ACTION;  FILING  OF  SWORN   INFORMATION   FORM;
                  DISMISSAL WITHOUT PREJUDICE.
   § 9901. ASBESTOS  ACTION;  FILING OF SWORN INFORMATION FORM; DISMISSAL
 WITHOUT PREJUDICE. 1. A COMPLAINT FILED BY A PLAINTIFF IN ANY  ASBESTOS-
 RELATED PERSONAL INJURY OR WRONGFUL DEATH ACTION SHALL BE ACCOMPANIED BY
 A SWORN INFORMATION FORM SPECIFYING THE EVIDENCE THAT PROVIDES THE BASIS
 FOR  EACH  CLAIM  AGAINST  EACH  DEFENDANT.  THE SWORN INFORMATION SHALL
 INCLUDE ALL OF THE FOLLOWING WITH SPECIFICITY:
   A. THE NAME, ADDRESS, DATE OF BIRTH, MARITAL STATUS, OCCUPATION, SMOK-
 ING HISTORY, CURRENT AND PAST WORKSITES, AND CURRENT AND PAST  EMPLOYERS
 OF  THE  EXPOSED  PERSON, AND ANY PERSON THROUGH WHOM THE EXPOSED PERSON
 WAS EXPOSED TO ASBESTOS;
   B. EACH PERSON THROUGH WHOM THE EXPOSED PERSON WAS EXPOSED TO ASBESTOS
 AND THE EXPOSED PERSON'S RELATIONSHIP TO EACH SUCH PERSON;
   C. EACH PERSON WHO WILL  TESTIFY  AS  A  FACT  WITNESS  REGARDING  THE
 PLAINTIFF'S EXPOSURES;
   D. EACH ASBESTOS-CONTAINING PRODUCT TO WHICH THE PERSON WAS EXPOSED OR
 THE OTHER PERSON WAS EXPOSED IF EXPOSURE WAS THROUGH ANOTHER PERSON;
   E. THE IDENTITY OF THE MANUFACTURER OR SELLER OF THE SPECIFIC ASBESTOS
 PRODUCT FOR EACH EXPOSURE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06375-01-3
 S. 6356                             2

 
   F.  THE  SPECIFIC  LOCATION AND MANNER OF EACH EXPOSURE, INCLUDING FOR
 ANY PERSON THROUGH WHOM THE EXPOSED PERSON WAS EXPOSED TO ASBESTOS;
   G.  THE BEGINNING AND ENDING DATES OF EACH EXPOSURE, THE FREQUENCY AND
 LENGTH OF EACH EXPOSURE, AND THE PROXIMITY  OF  THE  ASBESTOS-CONTAINING
 PRODUCT OR ITS USE TO THE EXPOSED PERSON AND ANY PERSON THROUGH WHOM THE
 EXPOSED PERSON WAS EXPOSED TO ASBESTOS;
   H. THE SPECIFIC ASBESTOS-RELATED DISEASE CLAIMED TO EXIST; AND
   I.  ANY  SUPPORTING DOCUMENTATION RELATING TO THE INFORMATION REQUIRED
 UNDER THIS SECTION.
   2. A PLAINTIFF'S OBLIGATION TO PROVIDE SWORN INFORMATION UNDER  SUBDI-
 VISION  ONE  OF THIS SECTION IS IN ADDITION TO ANY COURT-ORDERED DISCLO-
 SURES. PLAINTIFFS HAVE A CONTINUING DUTY TO SUPPLEMENT  THE  INFORMATION
 THAT  IS  REQUIRED  TO  BE  DISCLOSED IN SUBDIVISION ONE OF THIS SECTION
 WITHIN FIVE DAYS AFTER THE  PLAINTIFF  RECEIVES  ADDITIONAL  INFORMATION
 THAT IS REQUIRED TO BE DISCLOSED.
   3.  THE  COURT,  ON MOTION BY A DEFENDANT, SHALL DISMISS A PLAINTIFF'S
 ASBESTOS CLAIM WITHOUT PREJUDICE AS TO ANY DEFENDANT  WHOSE  PRODUCT  OR
 PREMISES  IS  NOT  IDENTIFIED  IN  THE REQUIRED DISCLOSURES SET FORTH IN
 SUBDIVISION ONE OF THIS SECTION.
   4. THE COURT, ON MOTION BY A DEFENDANT, SHALL  DISMISS  A  PLAINTIFF'S
 ASBESTOS CLAIM WITHOUT PREJUDICE AS TO ALL DEFENDANTS IF PLAINTIFF FAILS
 TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall apply to all
 asbestos-related personal injury or  wrongful  death  actions  that  are
 filed on or after such effective date.

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Senate Bill S6356

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2023-S6356 (ACTIVE) - Details

2023-S6356 (ACTIVE) - Summary

2023-S6356 (ACTIVE) - Sponsor Memo

2023-S6356 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6356

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Judiciary Committee

2023-S6356 (ACTIVE) - Details

2023-S6356 (ACTIVE) - Summary

2023-S6356 (ACTIVE) - Sponsor Memo

2023-S6356 (ACTIVE) - Bill Text download pdf

Comments