PRINTER'S NO. 2297
No. 1783 Session of 2005
INTRODUCED BY STEIL, BOYD, SCHRODER, BALDWIN, CALTAGIRONE,
CLYMER, CRAHALLA, GINGRICH, GOOD, HERSHEY, METCALFE, NICKOL,
PICKETT, RAPP, RUBLEY, SAYLOR, E. Z. TAYLOR, THOMAS, TURZAI
AND WRIGHT, JUNE 22, 2005
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 22, 2005
AN ACT
1 Providing for asbestos claims litigation.
2 TABLE OF CONTENTS
3 Section 1. Short title.
4 Section 2. Findings and purposes.
5 Section 3. Definitions.
6 Section 4. Inactive docket established.
7 Section 5. Statutes of limitations tolled.
8 Section 6. Placement on the inactive docket.
9 Section 7. General rules applicable to new filings.
10 Section 8. Removal to active docket.
11 Section 9. Administration.
12 Section 10. Forum non conveniens.
13 Section 11. Venue.
14 Section 12. Joinder and consolidation.
15 Section 13. Severability.
16 Section 14. Applicability.
1 Section 15. Applicability of claims.
2 Section 20. Effective date.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Asbestos
7 Claims Priorities Act.
8 Section 2. Findings and purposes.
9 (a) Findings.--The General Assembly finds that:
10 (1) Asbestos is a mineral that was widely used prior to
11 the 1980s for insulation, fireproofing and other purposes.
12 (2) Many American workers were exposed to asbestos,
13 especially during World War II.
14 (3) Exposure to asbestos has been causally associated
15 with mesothelioma and lung cancer, as well as such
16 nonmalignant conditions such as asbestosis, pleural plaques
17 and diffuse pleural thickening.
18 (4) The diseases caused by asbestos have latency periods
19 of up to 40 years or more.
20 (5) Although the use of asbestos has dramatically
21 declined since 1980 and workplace exposures have been
22 regulated since 1971 by the Occupational Safety and Health
23 Administration, past exposures may continue to result in the
24 occurrence of some asbestos-related diseases that may result
25 in death and disability.
26 (6) Some authorities have stated that as many as 27
27 million United States workers were exposed to asbestos from
28 1940 to 1979.
29 (7) The United States Supreme Court in Amchem Prods.
30 Inc. v. Windsor, 521 U.S. 591, 597 (1997), stated that this
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1 country is in the midst of an "asbestos litigation crisis."
2 The crisis continues to worsen. The number of pending cases
3 nationwide doubled in the 1990s from 100,000 to more than
4 200,000 cases. In 2001 alone, plaintiffs filed at least
5 90,000 new claims nationwide. All told, the number of future
6 claimants could reach as high as 3.5 million.
7 (8) The vast majority of new asbestos claims are filed
8 by individuals who allege exposure to asbestos but have only
9 minimal or no physical evidence of exposure, and who suffer
10 no present asbestos-related impairment. In Amchem, United
11 States Supreme Court Justice Breyer observed that "up to one
12 half of asbestos claims are now filed by people who have
13 little or no physical impairment." That number may be
14 conservative. Recent reports indicate that as much as 90% of
15 new asbestos-related claims are filed by plaintiffs with no
16 impairment.
17 (9) Concerns about statutes of limitations can force
18 claimants who have been exposed to asbestos but who have no
19 current injury to bring premature lawsuits in order to
20 protect against losing their rights to future compensation
21 should they become impaired.
22 (10) Medical x-ray screenings of workers at occupational
23 locations are used to amass large numbers of claimants.
24 Frequently, a complaint is filed on behalf of anyone who
25 shows any evidence of asbestos exposure, even though most
26 claimants are functionally asymptomatic when suit is filed.
27 (11) These screenings and mass filings have contributed
28 to the bankruptcy of approximately 70 companies, including
29 nearly all manufacturers of asbestos textile and insulation
30 products. The rate of asbestos-driven bankruptcies is
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1 accelerating. Over 23 companies declared bankruptcy between
2 January 1, 2000, and December 31, 2002.
3 (12) Bankruptcies resulting from asbestos litigation
4 have led plaintiffs and their lawyers to expand their search
5 for new solvent defendants, including many defendants with
6 only an attenuated connection to asbestos. The number of
7 asbestos defendants now includes more than 8,400 companies,
8 touching firms in industries that span 85% of the United
9 States economy. Some of these defendants are large companies,
10 but others are firms with as few as 20 employees and just a
11 few million dollars in annual revenues.
12 (13) The cost of compensating exposed individuals who
13 are not sick, and legal costs spent on their claims,
14 jeopardizes recoveries by people with cancer or other serious
15 asbestos-related injuries; threaten the savings, retirement
16 benefits and jobs of current and retired employees of the
17 defendants; and adversely affect the communities in which the
18 defendants operate.
19 (14) Several jurisdictions have adopted "inactive
20 dockets" or "pleural registries" or "deferred dockets" or
21 issued case management orders to control the unlimited filing
22 of claims by persons who are not impaired. Other courts have
23 decided that only sick claimants are entitled to
24 compensation.
25 (15) Sound public policy requires deferring the claims
26 of exposed individuals who are not impaired in order to give
27 priority to those cases that involve claims of actual and
28 current conditions of impairment, preserve compensation for
29 people with cancer and other serious injuries related to
30 exposure to asbestos and safeguard the jobs, benefits and
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1 savings of workers.
2 (b) Purposes.--It is the purpose of this act to:
3 (1) Give priority to asbestos claimants who can
4 demonstrate actual physical harm or illness caused by
5 asbestos.
6 (2) Preserve the rights of claimants who were exposed to
7 asbestos to pursue compensation should they become sick in
8 the future.
9 (3) Enhance the ability of the courts to supervise and
10 control asbestos litigation.
11 (4) Conserve resources to allow compensation of current
12 cancer victims and others who are physically harmed by
13 exposure to asbestos while securing the right to similar
14 compensation for those who may suffer physical harm in the
15 future.
16 Section 3. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Board-certified internist." A physician licensed to
21 practice medicine in this Commonwealth and who is currently
22 certified by the American Board of Internal Medicine.
23 "Board-certified pathologist." A physician licensed to
24 practice medicine in this Commonwealth and who holds primary
25 certification in anatomic pathology or combined anatomic or
26 clinical pathology from the American Board of Pathology, and
27 whose professional practice is principally in the field of
28 pathology and involves regular evaluation of pathology materials
29 obtained from surgical or postmortem specimens.
30 "Board-certified pulmonologist." A physician licensed to
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1 practice medicine in this Commonwealth and who is currently
2 certified by the American Board of Internal Medicine in the
3 Subspecialty of Pulmonary Medicine.
4 "Board-certified oncologist." A physician licensed to
5 practice medicine in this Commonwealth and who is currently
6 certified in the Subspecialty of Medical Oncology by the
7 American Board of Internal Medicine.
8 "Certified B-reader." A person who has successfully
9 completed the x-ray interpretation course sponsored by the
10 National Institute for Occupational Safety and Health and whose
11 certification was current at the time of any readings required
12 by this act.
13 "Chest x-rays." Films taken in four views, PA, lateral, left
14 oblique and right oblique, and graded quality 1 for reading in
15 accordance with the radiological standards established by the
16 International Labor Office, as interpreted by a certified B-
17 reader.
18 "Claim." Any claim for damages or other relief arising out
19 of, based on or related to actual or potential health effects of
20 exposure to asbestos, including emotional distress and fear of
21 future injury claims, and any derivative claim made by or on
22 behalf of any exposed person or any representative, spouse,
23 parent, child or other relative of any exposed person.
24 "Claimant." A party seeking recovery of damages for a claim,
25 including a plaintiff, counterclaimant, crossclaimant or third-
26 party plaintiff. If a claim is brought through or on behalf of
27 an estate, the term includes the claimant's decedent. If a claim
28 is brought through or on behalf of a minor or incompetent, the
29 term includes the claimant's parent or guardian.
30 "FEV-1." Forced expiratory volume in the first second, which
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1 is the maximal volume of air expelled in one second during
2 performance of simple spirometric tests.
3 "FVC." Forced vital capacity, which is the maximum volume of
4 air expelled with maximum effort from a position of full
5 inspiration.
6 "ILO system." The radiological ratings of the International
7 Labor Office set forth in Guidelines for the Use of ILO
8 International Classification of Radiographs of Pneumoconioses
9 (1980).
10 "Index person." A person who is alleged by the claimant to
11 have exposed the claimant to asbestos.
12 "Lower limit of normal." The fifth percentile of healthy
13 populations based on age, height and gender, as referenced in
14 the American Medical Associations Guides to the Evaluation of
15 Permanent Impairment.
16 "Minimum criteria for activation."
17 (1) That a board-certified oncologist has made a
18 diagnosis of pleural or peritoneal mesothelioma or a
19 diagnosis of cancer demonstrated by a medical report showing
20 the diagnosis as a primary cancer, and has signed a report
21 certifying to a reasonable degree of medical certainty that
22 the diagnosed cancer materially was caused by exposure to
23 asbestos fibers.
24 (2) That a board-certified internist, pathologist or
25 pulmonologist has signed a detailed narrative medical report
26 and diagnosis stating that the claimant suffers from a
27 nonmalignant disease related to asbestos, and that:
28 (i) Verifies that the doctor or a medical
29 professional employed by and under the direct supervision
30 and control of the diagnosing doctor has taken:
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1 (A) A detailed occupational and exposure history
2 from the person whose alleged injury forms the basis
3 for the action or, if that person is deceased, from
4 the person most knowledgeable about the exposures
5 that form the basis for the action. The history shall
6 include all of the principal employments and
7 exposures of the claimant involving exposures to
8 airborne contaminants. It should indicate whether
9 each employment involved exposure to airborne
10 contaminants including asbestos fibers, silica and
11 other disease-causing dusts that can cause pulmonary
12 impairment and the nature, duration and level of any
13 such exposure.
14 (B) A detailed medical and smoking history that
15 includes a thorough review of the claimant's past and
16 present medical problems and their most probable
17 cause.
18 (ii) Sets out the details of the occupational,
19 medical and smoking history and verifies that at least 15
20 years have elapsed between the claimant's first exposure
21 to asbestos and the time of diagnosis.
22 (iii) Verifies that the claimant has:
23 (A) A quality 1 chest x-ray taken in accordance
24 with all applicable Federal and State regulatory
25 standards. In a death case where no pathology is
26 available, the necessary radiologic findings may be
27 made with a quality 2 film if a quality 1 film is not
28 available, and the x-ray has been read by a certified
29 B-reader according to the ILO system of
30 classification as showing bilateral small irregular
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1 opacities (s,t or u) graded 1/0 or higher or
2 bilateral diffuse pleural thickening graded b2 or
3 higher including blunting of the costophrenic angle.
4 (B) Pathological asbestosis graded 1(B) or
5 higher under the criteria published in Asbestos-
6 Associated Diseases, Special Issue of the Archives of
7 Pathological and Laboratory Medicine, Volume 106,
8 Number 11, Appendix 3 (October 8, 1982).
9 (iv) Verifies that the claimant has pulmonary
10 impairment related to asbestos as demonstrated by
11 pulmonary function testing, performed using equipment,
12 methods of calibration and technique that meet the
13 criteria incorporated in the American Medical Association
14 Guides to the Evaluation of Permanent Impairment (5th
15 Ed.) and reported as set forth in 20 CFR 404, Subpt. P,
16 App 1, Part (A)§3.00 (E) and (F) and the interpretative
17 standards set forth in the official statement of the
18 American Thoracic Society entitled "Lung Function
19 Testing: Selection of Reference Values and Interpretative
20 Strategies," as published in American Review Respiratory
21 Disease 1991:144:1202-1218 that shows:
22 (A) Forced Vital Capacity below the lower limit
23 of normal and FEV1/FVC ratio, using actual values at
24 or above the lower limit of normal; or
25 (B) Total Lung Capacity, by plethysmography or
26 timed gas dilution, below the lower limit of normal.
27 (v) Verifies that the doctor has concluded that the
28 claimant's medical findings and impairment were not more
29 probably the result of other causes revealed by
30 claimant's employment and medical history. Copies of the
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1 B-reading, the pulmonary function tests, including
2 printouts of the flow volume loops and all other elements
3 required to demonstrate compliance with the equipment,
4 quality, interpretation and reporting standards set forth
5 in the definition and the diagnosing physician's detailed
6 narrative medical report and diagnosis shall be attached
7 to any complaint alleging nonmalignant disease related to
8 exposure to asbestos. All such reports must meet
9 objective criteria for generally accepted medical
10 standards related to exposure to asbestos fibers. Failure
11 to attach the required reports or demonstration by any
12 party that the reports do not satisfy the standards set
13 forth herein shall result in the dismissal of the action
14 without prejudice upon motion of any party.
15 "Total lung capacity." Total lung capacity.
16 Section 4. Inactive docket established.
17 An inactive docket shall be established as a repository for
18 certain asbestos claims that shall be deferred until such time,
19 if ever, that a claimant satisfies the minimum criteria for
20 activation and other conditions set forth in this act. The
21 inactive docket shall be managed under the direction and
22 supervision of the Administrative Office of Pennsylvania Courts.
23 Administration and other costs relating to the inactive docket
24 shall be paid out of general filing fees as determined by the
25 Administrative Office of Pennsylvania Courts.
26 Section 5. Statutes of limitations tolled.
27 The placement of any case on the inactive docket shall toll
28 all applicable statutes of limitations to the extent of the
29 claims related to asbestos alleged up to the date the complaint
30 was filed, and as to any defendant named up to that time.
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1 Section 6. Placement on the inactive docket.
2 (a) Transfer to inactive docket.--Any asbestos claim pending
3 in this Commonwealth on the effective date of this section shall
4 be transferred to the inactive docket, unless:
5 (1) all parties stipulate that the claimant satisfies
6 the minimum criteria for activation set forth in this act
7 within six months of the effective date of this section; or
8 (2) the trial court in which the complaint was initially
9 filed issues an order providing for the case to remain on the
10 active docket, to be set for trial. Such orders shall be
11 issued only if the following conditions and procedures are
12 met:
13 (i) The plaintiff moves for leave to amend the
14 complaint within six months of the effective date of this
15 section so as to allege with specificity that the
16 claimant satisfies the minimum criteria for activation
17 set forth in this act.
18 (ii) The plaintiff's motion and the requisite
19 supporting medical documentation shall be filed with the
20 trial court and served on each defendant named in the
21 complaint or on counsel designated by each defendant
22 filed with the court.
23 (iii) Within 30 days of service of plaintiff's
24 motion, any defendant may file an opposition with the
25 trial court stating the reasons for the objection.
26 Defendant's written objections shall not exceed three
27 pages per claim without leave of court. Defendant's
28 opposition shall be filed with the court and served on
29 plaintiff's counsel and each defendant.
30 (iv) If the defendant does not file an opposition
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1 within the time permitted, the court shall decide
2 plaintiff's motion in a timely manner based on the papers
3 and documentation submitted to the court.
4 (v) If the defendant files an objection, then within
5 ten days of service of defendant's opposition, the
6 plaintiff may file a reply with the trial court. The
7 reply must be served on each defendant.
8 (vi) The trial court shall decide any disagreements
9 between the parties in a timely manner based on the
10 papers and documentation submitted to the court. A
11 hearing will be conducted only if the court so orders on
12 its own motion, or if, in the exercise of discretion, the
13 court grants a party's request for a hearing. No
14 testimony shall be taken at the hearing. A decision of
15 the trial court not to grant a request for a hearing may
16 not be appealed and does not constitute reversible error.
17 (b) Automatic placement.--Any asbestos claim filed in this
18 Commonwealth on or after the effective date of this act shall be
19 placed directly on the inactive docket, unless the trial court
20 issues an order providing for the case to be placed on the
21 active docket and to be set for trial. Such orders shall be
22 issued only if the following conditions and procedures have been
23 met:
24 (1) The plaintiff's complaint alleges with specificity
25 that the claimant satisfies the minimum criteria for
26 activation set forth in this act.
27 (2) Within 30 days of service the plaintiff's complaint,
28 any defendant may file an opposition with the trial court
29 stating the reasons for the objection. Defendant's written
30 objections shall not exceed three pages per claim without
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1 leave of court. Defendant's opposition shall be filed with
2 the court and served on plaintiff's counsel and each
3 defendant.
4 (3) If the defendant does not file an opposition within
5 the time permitted, the court shall decide whether to place
6 the case on the active docket based on the papers and
7 documentation submitted to the court. The trial court's
8 decision shall be made in a timely manner.
9 (4) If the defendant files an objection, then within ten
10 days of service of defendant's opposition, the plaintiff may
11 file a reply with the trial court. The reply must be served
12 on each defendant.
13 (5) The trial court shall decide any disagreements
14 between the parties in a timely manner based on the papers
15 and documentation submitted to the court. A hearing will be
16 conducted only if the court so orders on its own motion, or
17 if, in the exercise of discretion, the court grants a party's
18 request for a hearing. No testimony shall be taken at the
19 hearing. A decision of the trial court not to grant a request
20 for a hearing may not be appealed and does not constitute
21 reversible error.
22 (c) Transfer to active docket.--If the court orders an
23 asbestos claim removed from the inactive docket and placed on
24 the active docket pursuant to subsection (b), the Administrative
25 Office of Pennsylvania Courts shall transfer the claim,
26 accompanied by the supporting documentation, to the trial court
27 in which the complaint was initially filed.
28 Section 7. General rules applicable to new filings.
29 (a) Information form.--All asbestos complaints filed in this
30 Commonwealth on or after the effective date of this section
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1 shall include a sworn information form containing the following
2 information:
3 (1) The claimant's name, address, date of birth, social
4 security number and marital status.
5 (2) If the claimant alleges exposure to asbestos by
6 means of another person or other than by direct or bystander
7 exposure to a product, the name, address, date of birth,
8 social security number, marital status, for each person by
9 which claimant alleges exposure and the claimant's
10 relationship to each person;
11 (3) the specific location of each alleged exposure;
12 (4) the beginning and ending dates of each alleged
13 exposure as to each asbestos product for each location at
14 which exposure allegedly took place for plaintiff and for
15 each index person;
16 (5) the occupation and name of employer of the exposed
17 person at the time of each alleged exposure;
18 (6) the specific condition related to asbestos claimed
19 to exist; and
20 (7) any supporting documentation of the condition
21 claimed to exist.
22 (b) Filing.--All asbestos complaints and sworn information
23 forms must be individually filed. No claims on behalf of a group
24 or class of persons shall be permitted.
25 (c) Fee.--No filing fee shall be paid for cases placed on
26 the inactive docket. A filing fee shall be required for any case
27 placed directly on the active docket, or at the time the case is
28 removed to the active docket, unless a filing fee has already
29 been paid in the case.
30 Section 8. Removal to active docket.
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1 An asbestos claim on the inactive docket may be removed to
2 the active docket at any time after the effective date of this
3 section if:
4 (1) all parties stipulate that the claimant satisfies
5 the minimum criteria for activation set forth in this act; or
6 (2) the trial court in which the complaint was initially
7 filed issues an order providing for the case to be removed to
8 the active docket. Removal orders may be issued only if the
9 following conditions and procedures have been met:
10 (i) The plaintiff files a removal petition and
11 motion for leave to amend the complaint so as to allege
12 with specificity that the claimant satisfies the minimum
13 criteria for activation set forth in this act.
14 (ii) Plaintiff's petition and motion for leave to
15 amend the complaint, along with the requisite supporting
16 medical documentation, shall be filed with the trial
17 court and served on each defendant named in the complaint
18 or on counsel designated by each defendant filed with the
19 court.
20 (iii) Within 21 days of service of plaintiff's
21 petition and motion, any defendant may file an opposition
22 with the trial court stating the reasons for the
23 objection. Defendant's written objections shall not
24 exceed three pages per claim without leave of court.
25 Defendant's opposition shall be filed with the court, and
26 served on plaintiff's counsel and each defendant.
27 (iv) If the defendant does not file an opposition
28 within the time permitted, the trial court shall decide
29 plaintiff's petition and motion in a timely manner based
30 on the papers and documentation submitted to the court.
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1 (v) If the defendant files an objection, then within
2 ten days of service of defendant's opposition, the
3 plaintiff may file a reply with the trial court. The
4 reply must be served on each defendant.
5 (vi) The court shall decide any disagreements
6 between the parties in a timely manner based on the
7 papers and documentation submitted to the court in a
8 timely manner. A hearing will be conducted only if the
9 court so orders on its own motion, or if, in the exercise
10 of discretion, the court grants a party's request for a
11 hearing. No testimony shall be taken at the hearing. A
12 decision of the trial court not to grant a party's
13 request for a hearing may not be appealed and does not
14 constitute reversible error.
15 Section 9. Administration.
16 (a) Implementation.--The Administrative Office of
17 Pennsylvania Courts shall implement the inactive docket required
18 by this act within 90 days of the effective date of this
19 section.
20 (b) Claims.--Claims on the inactive docket shall not be
21 subject to discovery, except that discovery of a plaintiff on
22 the inactive docket may proceed upon petition by plaintiff's
23 counsel. Such petition shall be filed with the clerk of court
24 and served on all counsel for defendants named in the complaint.
25 The petition shall include:
26 (1) A written statement by a treating physician that
27 such plaintiff is not expected to survive more than 60 days.
28 (2) Copies of all available medical records.
29 (3) A statement of the proffered dates and location for
30 discovery and de bene esse video deposition of plaintiff.
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1 (c) Admissibility.--The existence of the inactive docket, or
2 the fact that a claim is or is not on an inactive docket shall
3 not be admissible in any proceeding for any purpose, except for
4 a proceeding concerned with the placement of the claim on the
5 active docket.
6 (d) Medical criteria.--The medical criteria established by
7 this act for placement of a claim on the active docket are
8 established solely for the purpose of determining when a claim
9 may be placed on the active docket. The fact that a claimant
10 satisfies the medical criteria for placement on the active
11 docket shall not be construed as an admission or determination
12 that the claimant in fact has a condition related to exposure to
13 asbestos fibers. The criteria used to determine whether a claim
14 should be transferred to or placed on the active docket shall
15 not be cited, referred to or otherwise used at trial.
16 (e) Expert report.--An expert report submitted for the
17 purpose of determining whether a claim should remain on or be
18 removed to the active docket is inadmissible for any other
19 purpose.
20 (f) Admission.--Placement of a claim on an inactive docket
21 shall not be construed as an admission by a claimant or person
22 allegedly exposed to asbestos fibers that the claimant or person
23 has not developed a condition related to exposure to asbestos
24 fibers.
25 (g) Objection.--The filing of any defendant objecting to
26 placement of a claim on the active docket, or the defendant's
27 appearance at a hearing ordered by a trial court in connection
28 with a claim remaining on or being removed to the active docket
29 shall not be deemed an appearance for purposes of establishing
30 the court's jurisdiction over the defendant.
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1 Section 10. Forum non conveniens.
2 (a) Residency.--No asbestos claim may be filed in this
3 Commonwealth after the effective date of this section unless the
4 plaintiff was a resident of this Commonwealth at the time the
5 claim arose or the plaintiff's claim arose in this Commonwealth.
6 (b) Dismissal.--The trial court, on motion of a defendant,
7 shall dismiss each claim against the defendant that is subject
8 to this section and was commenced after the effective date of
9 this section unless the plaintiff files a written statement with
10 the court electing to abate the plaintiff's claim against the
11 defendant for a period of 180 days from the date the court
12 disposes of the defendant's motion, to afford the plaintiff an
13 opportunity to file a new action on the claims in another state.
14 (c) Filing.--A court may not abate or dismiss a claim under
15 this paragraph until the defendant files with the court or with
16 the clerk of the court a written stipulation that, with respect
17 to a new action on the claim commenced by the plaintiff, the
18 defendant waives the right to assert a statute of limitations
19 defense in all other states of the United States in which the
20 claim was not barred by limitations at the time the claim was
21 filed in this Commonwealth as necessary to effect a tolling of
22 the limitations periods in those states beginning on the date
23 the claim was filed in this Commonwealth and ending on the date
24 the claim is dismissed or the period of abatement ends. The
25 court may not abate or dismiss a claim under this subsection
26 until the defendant files with the court or with the clerk of
27 the court a written stipulation that, with respect to a new
28 action on the claim commenced by the plaintiff in another state
29 of the United States, the plaintiff may elect that the plaintiff
30 and the defendant may rely on responses to discovery already
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1 provided under the Pennsylvania Rules of Civil Procedure, plus
2 any additional discovery that may be conducted under the rules
3 of civil procedure in another state, or use responses to
4 discovery already provided and conduct additional discovery as
5 permitted under the rules of civil procedure in the other state.
6 (d) Consideration.--To comply with this section in relation
7 to an action that involves both claims that arose in this
8 Commonwealth and claims that arose outside this Commonwealth, a
9 court shall consider each claim individually and shall sever
10 from the action the claims that are subject to this subsection.
11 (e) Determination.--A court shall determine that a claim
12 arose in the jurisdiction in which the plaintiff was located at
13 the time the plaintiff is alleged to have been exposed to
14 asbestos fibers. If a plaintiff alleges that the plaintiff was
15 exposed to asbestos fibers while located in more than one
16 jurisdiction, the court shall determine, for purposes of this
17 section, which of the jurisdictions is the most appropriate
18 forum for the claim, considering the relative amounts and
19 lengths of the plaintiff's exposure to asbestos fibers in each
20 jurisdiction.
21 Section 11. Venue.
22 An asbestos claim that meets the requirements of this act
23 permitting a claim to be filed in this Commonwealth may only be
24 filed in the county where the plaintiff resides or was exposed
25 to asbestos and that exposure was a substantial contributing
26 factor to the physical impairment on which plaintiff's claim is
27 based. If a plaintiff alleges exposure to asbestos fibers while
28 located in more than one county, the trial court shall determine
29 which of the counties is the most appropriate forum for the
30 claim, considering the relative amounts and lengths of the
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1 plaintiff's exposure to asbestos fibers in each of the counties.
2 Section 12. Joinder and consolidation.
3 A court may consolidate for trial any number and type of
4 asbestos claims with the consent of all of the parties. In the
5 absence of such consent, the court may consolidate for trial
6 only asbestos claims relating to the same exposed person and
7 members of his or her household.
8 Section 13. Severability.
9 The provisions of this act are severable. If any provision of
10 this act or its application to any person or circumstance is
11 held invalid, the invalidity shall not affect other provisions
12 or applications of this act which can be given effect without
13 the invalid provision or application.
14 Section 14. Applicability.
15 This act applies to any claim for damages or other relief
16 arising out of, based on or related to actual or potential
17 health effects of exposure to asbestos, including emotional
18 distress and fear of future injury claims and any derivative
19 claim made by or on behalf of any exposed person or any
20 representative, spouse, parent, child or other relative of any
21 exposed person.
22 Section 15. Applicability of claims.
23 The act shall apply to all claims filed on or after the
24 effective date of the section and to all pending claims in which
25 a trial has not commenced on or before the effective date of
26 this section.
27 Section 20. Effective date.
28 This act shall take effect in 60 days.
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