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2017 Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 67 - Asbestos Bankruptcy Trust Claims Transparency Act
§ 11-67-3. Declaration of legislative intent
Universal Citation: MS Code § 11-67-3 (2017)
- (1) The Legislature finds and determines that:
- (a) Asbestos is a mineral that was widely used for insulation, fireproofing, and other purposes;
- (b) Exposure to asbestos has been causally associated with mesothelioma and lung cancer, as well as nonmalignant conditions such as asbestosis, pleural plaques, and diffuse pleural thickening;
- (c) Approximately one hundred (100) employers have declared bankruptcy at least partially due to asbestos-related liability;
- (d) Over ten thousand (10,000) companies have been named as asbestos defendants, including many small- and medium-sized companies, in industries that cover eighty-five percent (85%) of the United States economy;
- (e) Scores of trusts have been established in asbestos-related bankruptcy proceedings to form a multibillion dollar asbestos bankruptcy trust compensation system outside of the tort system, and new asbestos trusts continue to be established;
- (f) Asbestos plaintiffs often seek compensation both from solvent defendants in civil actions and from trusts or claims facilities formed in asbestos-related bankruptcy proceedings;
- (g) There is limited coordination and transparency between these two (2) paths to recovery, which has resulted in the suppression of evidence in asbestos actions; and
- (h) Justice is promoted by transparency with respect to asbestos bankruptcy trust claims in civil asbestos actions.
- (2) Now, therefore, it is the intent of the Legislature to:
- (a) Provide transparency with respect to asbestos bankruptcy trust claims in civil asbestos actions by creating a substantive right for defendants to obtain bankruptcy trust discovery;
- (b) Reduce the opportunity for oversight or suppression of evidence in asbestos actions; and
- (c) Enhance the ability of courts to oversee and manage asbestos cases.
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