The proposed bill seeks to amend Nebraska's laws concerning asbestos claims by introducing two new acts: the Asbestos Trust Claims Transparency Act and the Asbestos Claims Priorities and Over-Naming Reform Act. The Asbestos Trust Claims Transparency Act mandates that claimants submit all available asbestos trust claims and related materials within thirty days of filing an asbestos action. It also allows defendants to compel claimants to file additional trust claims if they suspect not all claims have been submitted. Furthermore, the act makes trust claim materials admissible as evidence in court and entitles defendants to setoffs based on amounts received from asbestos trusts.

The Asbestos Claims Priorities and Over-Naming Reform Act establishes new requirements for claimants, including the submission of a detailed narrative medical report signed by a qualified physician within thirty days of filing, which must demonstrate prima facie evidence of a physical impairment due to asbestos exposure. This report should include specific medical evidence, occupational history, and a physician's statement confirming that asbestos was a substantial contributing factor to the impairment. If these requirements are not met, the court is required to dismiss the action without prejudice. The bill also sets evidentiary standards for both nonmalignant and malignant asbestos-related conditions, ensuring compliance with established medical guidelines, and stipulates that discovery is not permitted until a court determines prima facie evidence of impairment.

Statutes affected:
Introduced: 25-224