Utah Code 78B-6-2406. Identification of additional or alternative asbestos trusts by defendant before trial
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(1) Not less than 90 days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with the plaintiff to discuss why the defendant believes the plaintiff has an additional asbestos trust claim.
Terms Used In Utah Code 78B-6-2406
- Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401
- Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action resulting from, based on, or related to:(4)(a)(i) the health effects of exposure to asbestos, including:(4)(a)(i)(A) loss of consortium;(4)(a)(i)(B) wrongful death;(4)(a)(i)(C) mental or emotional injury;(4)(a)(i)(D) risk or fear of disease or other injury; and(4)(a)(i)(E) costs of medical monitoring or surveillance; and(4)(a)(ii) any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of that individual. See Utah Code 78B-6-2401
- Asbestos trust: means a:
(5)(a) government-approved or court-approved trust that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;(5)(b) qualified settlement fund that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;(5)(c) compensation fund or claims facility created as a result of an administrative or legal action that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;(5)(d) court-approved bankruptcy that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; or(5)(e) plan of reorganization or trust pursuant to Utah Code 78B-6-2401- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plaintiff: means :
(22)(a) the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate; or(22)(b) a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual. See Utah Code 78B-6-2401- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trust claims materials: means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including:
(34)(a) claims forms and supplementary materials;(34)(b) affidavits;(34)(c) depositions and trial testimony;(34)(d) work history;(34)(e) medical and health records;(34)(f) documents reflecting the status of a claim against an asbestos trust; and(34)(g) all documents relating to the settlement of the trust claim if the trust claim has settled. See Utah Code 78B-6-2401(2) The defendant may move the court for an order to require the plaintiff to file the asbestos trust claim after the meeting under Subsection (1).(3) The defendant shall produce or describe the documentation that the defendant possesses or is aware of in support of the motion under Subsection (2).(4) Within 10 days after the day on which the plaintiff receives the defendant’s motion under Subsection (2), the plaintiff shall for each asbestos trust claim identified by the defendant:(4)(a) file the asbestos trust claim;(4)(b) file a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or(4)(c) file a written response with the court requesting a determination that the plaintiff’s expenses or the plaintiff’s attorney fees and expenses to prepare and file the asbestos trust claim identified in the defendant’s motion exceed the plaintiff’s reasonably anticipated recovery from the trust.(5)(5)(a) If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by the defendant, the court shall:(5)(a)(i) order the plaintiff to file the asbestos trust claim; and(5)(a)(ii) stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than 30 days before trial.(5)(b) If the court determines that the plaintiff’s expenses or the plaintiff’s attorney fees and expenses to prepare and file the asbestos trust claim identified in the defendant’s motion exceed the plaintiff’s reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff’s history of exposure, usage, or other connection to asbestos covered by the asbestos trust. - Asbestos trust: means a: