The proposed bill seeks to enhance transparency and reform the handling of asbestos-related claims in Nebraska through the introduction of 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 asbestos action, and establish that trust claim materials and governance documents are admissible as evidence. Additionally, defendants are granted the ability to seek discovery from asbestos trusts, and claimants must provide detailed affidavits outlining the basis for each claim, including exposure information and the alleged asbestos-related disease. The bill also emphasizes accurate disclosures, allowing courts to dismiss actions for non-compliance.

Moreover, the legislation introduces 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 include prima facie evidence of physical impairment due to asbestos exposure. The report must detail radiological evidence, occupational exposure history, and a physician's statement confirming the substantial contribution of asbestos exposure to the impairment. The bill amends existing statutes to toll limitation periods for non-malignant asbestos-related conditions until a qualifying diagnosis is received, clarifying that prima facie evidence does not create a presumption of impairment. Overall, the bill aims to streamline the asbestos claims process while ensuring that adequate medical evidence supports such claims.

Statutes affected:
Introduced: 25-224