Michigan Laws 600.3015 – Additional asbestos trust claim filed after judgment; jurisdiction of trial court to reopen and adjust judgment; time for filing
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Terms Used In Michigan Laws 600.3015
- 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.
- judgment: as used in this act , includes decree. See Michigan Laws 600.112
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 600.3011
- 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.
(1) If a plaintiff or person on the plaintiff‘s behalf files an additional asbestos trust claim after obtaining a judgment in an asbestos action, and if that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on a motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen and adjust the judgment by the amount of any subsequent asbestos trust payments obtained by the plaintiff and order any other relief that the court considers proper.
(2) A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than 1 year after the judgment was entered.