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. Key provisions require claimants to submit all available asbestos trust claims and related materials within thirty days of filing an action, and it establishes that these materials are admissible as evidence. Additionally, defendants are granted the ability to seek discovery from asbestos trusts and are entitled to setoffs for amounts received from these trusts if damages are awarded. The bill also mandates that claimants provide detailed affidavits outlining the basis for their claims, including exposure information and the alleged asbestos-related disease.

The Asbestos Claims Priorities and Over-Naming Reform Act introduces further requirements, such as the necessity for claimants to submit a detailed narrative medical report signed by a qualified physician within thirty days of filing. This report must demonstrate prima facie evidence of a physical impairment due to asbestos exposure and include specific medical histories and a clear link between the impairment and asbestos. 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 that evidence adheres to established medical guidelines, and it amends existing statutes regarding the time limits for filing asbestos-related claims. Overall, the bill aims to enhance transparency and accountability in asbestos litigation while ensuring comprehensive and accurate information from claimants.

Statutes affected:
Introduced: 25-224