Michigan Laws 600.3013 – Motion requiring plaintiff to file additional trust claims; duties of plaintiff; written response by plaintiff; determination and action by court; scheduling asbestos action for trial; compliance with
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Terms Used In Michigan Laws 600.3013
- 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. See Michigan Laws 600.3011
- Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action that arises out of, is based on, or is related to the health effects of exposure to asbestos, and 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 the individual. See Michigan Laws 600.3011
- Asbestos trust: means a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, or under 11 USC 524(g), 11 USC 1121(a), or another applicable provision of law and that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos. See Michigan Laws 600.3011
- 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: means the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate, or a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual. See Michigan Laws 600.3011
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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 claims forms and supplementary materials, affidavits, depositions and trial testimony, work history, and medical and health records, all documents that reflect the status of a claim against an asbestos trust, and, if the trust claim has settled, all documents that relate to the settlement of the trust claim. See Michigan Laws 600.3011
(1) Not less than 60 days before trial, the defendant shall confer with the plaintiff if the defendant believes the plaintiff has not filed all asbestos trust claims as required under section 3012. After conferring with the plaintiff under this subsection, the defendant may move the court for an order to require the plaintiff to file additional trust claims. The motion must identify the asbestos trust claims that the defendant believes the plaintiff can file. The defendant shall produce or describe the information it possesses or is aware of in support of the motion. If the defendant has previously filed a motion under this section, the court shall not grant a subsequent motion if the defendant knew that the plaintiff met the criteria for payment for the additional trust claim identified in the subsequent motion at the time the earlier motion was filed.
(2) Within 10 days after receiving a motion under subsection (1), the plaintiff shall do 1 of the following:
(a) File the asbestos trust claims.
(b) File a written response with the court stating why there is insufficient evidence for the plaintiff to file the asbestos trust claims.
(c) File a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff’s reasonably anticipated recovery.
(3) Within 10 days after the plaintiff files a written response to the defendant’s motion, the court shall determine if there is sufficient basis for the plaintiff to file the asbestos trust claims identified in the motion. If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim that is the subject of a motion under subsection (1), the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials.
(4) If the court determines that the cost of submitting an asbestos trust claim that is the subject of a motion under subsection (1) exceeds the plaintiff’s reasonably anticipated recovery, 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 to, usage of, or other connection to asbestos covered by the asbestos trust.
(5) The court shall not schedule the asbestos action for trial sooner than 60 days after the plaintiff complies with this section.