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Green Paper: Asbestos Exposure Compensation

Ohio Environmental Council, December 5, 2012

Ohio House Bill 380 (as Passed by the House)

Sponsored by Representative Blessing.

OEC’s Summary:

HB380 requires claimants in asbestos tort actions to make certain disclosures pertaining to asbestos trust claims that have been submitted to asbestos trust entities for the purpose of compensating the claimant for asbestos exposure.

Among other provisions, the bill also permits a defendant in the action to file a motion for an order to stay the proceedings setting forth the identities of asbestos trusts not previously disclosed by the claimant against which the claimant has not made any asbestos trust claims but against which the defendant in good faith believes the claimant may make a successful claim.

OEC’s Perspective: 3 Trashcans!

Mesothelioma. There is no cure for this aggressive and deadly form of cancer, of which the primary risk factor is asbestos exposure.

That is why time is of the essence when it comes to the judicious and fair consideration of claims brought by its victims. HB380, however, willfully and significantly obstructs the ability of asbestos exposure victims toseek compensation for their injuries. It allows Defense attorneys to file for perpetual continuances of court proceedings.

It makes all bankruptcy claims admissible, even if hearsay. And permits defense attorneys to dictate how a claimant’s case shall be handled. This extreme andunjustified assault on victim’ rights should be trashed, not treasured.

Recommendation:

The OEC opposes this legislation.