Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that requires individuals who have been exposed to asbestos to file specific disclosures when filing a lawsuit in Ohio

Highlights:

• Defines “each exposure” as every exposure to asbestos or an asbestos containing product by a person who was exposed to asbestos (Sec. 1A). 

• Specifies the plaintiff in any tort action who alleges an asbestos claim shall file a statement signed by the plaintiff or their counsel within sixty days after the original filing that includes evidence providing the basis for each asbestos claim (Sec. 1B). 

• Specifies the statement to include the name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person (Sec. 1B.1):

• Must also include the following; name, address and relationship to the exposed person of each individual who is knowledgeable regarding the exposed persons exposure to asbestos;

• Must include the manufacturer or seller and brand trade name of each asbestos containing product which the person was exposed to or which was exposed through another person;

• Specifies that each asbestos-containing product under this section must include the site and specific location and address where the individual was exposed or where the person was exposed by another individual;

• Must include the beginning and end dates of each exposure, the manner, frequency and length of each exposure and proximity to the asbestos containing product or person; 

• Must include the specific asbestos related disease that is alleged; and

• Must include any supporting documentation relating to the information required in this section.

• Specifies this sworn statement required under this division is in addition to other requirements for asbestos claims (Sec. 1C). 

• Requires a plaintiff in any tort action alleging an asbestos claim to supplement the information above including when a plaintiff receives a new exposure history or becomes aware that prior information was inaccurate or incomplete (Sec. 1D).  

• Specifies the plaintiff cannot commence discovery against a defendant regarding an asbestos claim until the defendant’s product is identified under this section (Sec.1E). 

• Authorizes the court to dismiss the plaintiff's claim without prejudice against either of the following (Sec. 1F):

• The defendant if their asbestos containing product or site is not specifically identified under Section B; and

• The defendant or all defendants if the plaintiff fails to comply with the division of this section; 

• Establishes 30 days from the date of the filing of the defendants motion under this section (Sec. 1G). 

• Specifies that a dismissed claim pursuant to Division F of this section is dismissed other than merits from the Revised Code (Sec. 1H). 

• Prohibits the court from dismissing a plaintiff's claim under Division F of this section upon showing good cause by the plaintiff (Sec. 1I). 

• Specifies this section applies to a tort action alleging an asbestos claim that is filed on or after the effective date of this section (Sec. 1J). 

• Specifies this section does not apply to a claim for workers compensation or veterans benefits (Sec. 1K). 

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires individuals who have been exposed to asbestos to file specific disclosures when filing a lawsuit in Ohio

Highlights:

• Defines “each exposure” as every exposure to asbestos or an asbestos containing product by a person who was exposed to asbestos (Sec. 1A). 

• Specifies the plaintiff in any tort action who alleges an asbestos claim shall file a statement signed by the plaintiff or their counsel within sixty days after the original filing that includes evidence providing the basis for each asbestos claim (Sec. 1B). 

• Specifies the statement to include the name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person (Sec. 1B.1):

• Must also include the following; name, address and relationship to the exposed person of each individual who is knowledgeable regarding the exposed persons exposure to asbestos;

• Must include the manufacturer or seller and brand trade name of each asbestos containing product which the person was exposed to or which was exposed through another person;

• Specifies that each asbestos-containing product under this section must include the site and specific location and address where the individual was exposed or where the person was exposed by another individual;

• Must include the beginning and end dates of each exposure, the manner, frequency and length of each exposure and proximity to the asbestos containing product or person; 

• Must include the specific asbestos related disease that is alleged; and

• Must include any supporting documentation relating to the information required in this section.

• Specifies this sworn statement required under this division is in addition to other requirements for asbestos claims (Sec. 1C). 

• Requires a plaintiff in any tort action alleging an asbestos claim to supplement the information above including when a plaintiff receives a new exposure history or becomes aware that prior information was inaccurate or incomplete (Sec. 1D).  

• Specifies the plaintiff cannot commence discovery against a defendant regarding an asbestos claim until the defendant’s product is identified under this section (Sec.1E). 

• Authorizes the court to dismiss the plaintiff's claim without prejudice against either of the following (Sec. 1F):

• The defendant if their asbestos containing product or site is not specifically identified under Section B; and

• The defendant or all defendants if the plaintiff fails to comply with the division of this section; 

• Establishes 30 days from the date of the filing of the defendants motion under this section (Sec. 1G). 

• Specifies that a dismissed claim pursuant to Division F of this section is dismissed other than merits from the Revised Code (Sec. 1H). 

• Prohibits the court from dismissing a plaintiff's claim under Division F of this section upon showing good cause by the plaintiff (Sec. 1I). 

• Specifies this section applies to a tort action alleging an asbestos claim that is filed on or after the effective date of this section (Sec. 1J). 

• Specifies this section does not apply to a claim for workers compensation or veterans benefits (Sec. 1K). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires individuals who have been exposed to asbestos to file specific disclosures when filing a lawsuit in Ohio

Highlights:

• Defines “each exposure” as every exposure to asbestos or an asbestos containing product by a person who was exposed to asbestos (Sec. 1A). 

• Specifies the plaintiff in any tort action who alleges an asbestos claim shall file a statement signed by the plaintiff or their counsel within sixty days after the original filing that includes evidence providing the basis for each asbestos claim (Sec. 1B). 

• Specifies the statement to include the name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person (Sec. 1B.1):

• Must also include the following; name, address and relationship to the exposed person of each individual who is knowledgeable regarding the exposed persons exposure to asbestos;

• Must include the manufacturer or seller and brand trade name of each asbestos containing product which the person was exposed to or which was exposed through another person;

• Specifies that each asbestos-containing product under this section must include the site and specific location and address where the individual was exposed or where the person was exposed by another individual;

• Must include the beginning and end dates of each exposure, the manner, frequency and length of each exposure and proximity to the asbestos containing product or person; 

• Must include the specific asbestos related disease that is alleged; and

• Must include any supporting documentation relating to the information required in this section.

• Specifies this sworn statement required under this division is in addition to other requirements for asbestos claims (Sec. 1C). 

• Requires a plaintiff in any tort action alleging an asbestos claim to supplement the information above including when a plaintiff receives a new exposure history or becomes aware that prior information was inaccurate or incomplete (Sec. 1D).  

• Specifies the plaintiff cannot commence discovery against a defendant regarding an asbestos claim until the defendant’s product is identified under this section (Sec.1E). 

• Authorizes the court to dismiss the plaintiff's claim without prejudice against either of the following (Sec. 1F):

• The defendant if their asbestos containing product or site is not specifically identified under Section B; and

• The defendant or all defendants if the plaintiff fails to comply with the division of this section; 

• Establishes 30 days from the date of the filing of the defendants motion under this section (Sec. 1G). 

• Specifies that a dismissed claim pursuant to Division F of this section is dismissed other than merits from the Revised Code (Sec. 1H). 

• Prohibits the court from dismissing a plaintiff's claim under Division F of this section upon showing good cause by the plaintiff (Sec. 1I). 

• Specifies this section applies to a tort action alleging an asbestos claim that is filed on or after the effective date of this section (Sec. 1J). 

• Specifies this section does not apply to a claim for workers compensation or veterans benefits (Sec. 1K). 

Full Bill Text