Senate Bill 2026

AN ACT TO ENACT THE ASBESTOS ACTION OVER-NAMING REFORM ACT; TO CREATE NEW SECTION 11-78-1, MISSISSIPPI CODE OF 1972, TO PROVIDE A SHORT TITLE; TO CREATE NEW SECTION 11-78-3, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 11-78-5, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN DISCLOSURES BY THE PLAINTIFF; TO REQUIRE THAT A PLAINTIFF SHALL SUPPLEMENT THE INFORMATION REQUIRED BY THIS SECTION WHEN THE PLAINTIFF RECEIVES INFORMATION THAT IS REQUIRED TO BE DISCLOSED OR BECOMES AWARE THAT A PRIOR DISCLOSURE WAS INACCURATE OR INCOMPLETE; TO PROVIDE THAT DISCOVERY SHALL NOT COMMENCE AGAINST A DEFENDANT IN AN ASBESTOS ACTION UNTIL THE DEFENDANT'S PRODUCT OR PREMISES IS IDENTIFIED IN THE DISCLOSURES REQUIRED UNDER THIS ACT; TO CREATE NEW SECTION 11-78-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISMISSAL OF AN ASBESTOS ACTION WITHOUT PREJUDICE ON MOTION OF A DEFENDANT; TO CREATE NEW SECTION 11-78-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ACT SHALL APPLY TO ALL ASBESTOS ACTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 11-78-1, Mississippi Code of 1972:

11-78-1. Short title. This chapter may be cited and shall be known as the "Asbestos Action Over-naming Reform Act."

SECTION 2. The following shall be codified as Section 11-78-3, Mississippi Code of 1972:

11-78-3. Definitions. As used in this chapter, the following words and phrases have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Asbestos" has the meaning assigned under Section 11-67-5(a).

(b) "Asbestos action" has the meaning assigned under Section 11-67-5(b).

SECTION 3. The following shall be codified as Section 11-78-5, Mississippi Code of 1972:

11-78-5. Required disclosures by the plaintiff. (1) Within thirty (30) days after an asbestos action is filed, the plaintiff shall file a sworn statement specifying the basis for each claim against each defendant in addition to any disclosures required by Section 11-67-7. The sworn statement required by this section shall include all of the following:

(a) The name, date of birth, marital status, occupation, smoking history, current and past residences and worksites, and current and past employers of the plaintiff, and any person through whom the plaintiff alleges exposure to asbestos;

(b) The name and address of each person who is knowledgeable about each exposure and the plaintiff's relationship to that person;

(c) The manufacturer or seller and brand and trade name of each asbestos-containing product to which the plaintiff was exposed or the other person was exposed if exposure was through another person;

(d) The sites and the location at the sites that establish the direct connection between the plaintiff, or the other person if exposure was through another person, and each defendant;

(e) The beginning and ending dates of each exposure, the manner of each exposure, the frequency and duration of each exposure, and the proximity of the asbestos-containing product or its use to the plaintiff and each person through whom the plaintiff alleges exposure to asbestos;

(f) The asbestos-related disease that is alleged;

(g) A certification that no prior asbestos actions or claims have been made on the plaintiff's behalf or, if the plaintiff has filed any prior asbestos action, information as to the case name, case number, and court for each prior asbestos action; and

(h) A certification that all supporting documentation relating to the information required in this section has been provided to the parties.

(2) A plaintiff shall supplement the information required by this section when the plaintiff receives information that is required to be disclosed or becomes aware that a prior disclosure was inaccurate or incomplete.

(3) Discovery shall not commence against a defendant in an asbestos action until the defendant's product or premises is identified in the disclosures required by this section.

SECTION 4. The following shall be codified as Section 11-78-7, Mississippi Code of 1972:

11-78-7. Dismissal of asbestos action without prejudice. The court, on motion by a defendant, shall dismiss the asbestos action without prejudice as to any defendant whose product or premises is not identified in the disclosures required by Section 11-68-5 or as to the moving defendant or as to all defendants, as applicable, if the plaintiff fails to comply in whole or in part with the provisions of this chapter.

SECTION 5. The following shall be codified as Section 11-78-9, Mississippi Code of 1972:

11-78-9. Application. This chapter shall apply to all asbestos actions filed on or after the effective date of this act.

SECTION 6. This act shall take effect and be in force from and after its passage.