The Asbestos Action Over-Naming Reform Act; create to regulate.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Fondren

HOUSE BILL NO. 1396

AN ACT TO CREATE THE ASBESTOS ACTION OVER-NAMING REFORM ACT; 1
TO CREATE NEW SECTION 11-68-1, MISSISSIPPI CODE OF 1972, TO ENACT 2
A SHORT TITLE; TO CREATE NEW SECTION 11-68-3, MISSISSIPPI CODE OF 3
1972, TO ENACT DEFINITIONS; TO CREATE NEW SECTION 11-68-5, 4
MISSISSIPPI CODE OF 1972, TO REQUIRE ADDITIONAL PLAINTIFF 5
DISCLOSURES; TO CREATE NEW SECTION 11-68-7, MISSISSIPPI CODE OF 6
1972, TO PROVIDE FOR DISMISSAL OF AN ASBESTOS ACTION WITHOUT 7
PREJUDICE; TO CREATE NEW SECTION 11-68-9, MISSISSIPPI CODE OF 8
1972, TO MAKE TRANSITION PROVISIONS TO CONFORM TO THIS ACT; TO 9
AMEND SECTION 11-67-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO 10
REQUIRE ADDITIONAL DISCLOSURES; TO BRING FORWARD SECTIONS 11-67-9 11
AND 11-67-11, MISSISSIPPI CODE OF 1972, WHICH REGULATE DISCOVERY 12
IN ASBESTOS LITIGATION; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. The following section shall be codified as 15
Section 11-68-1, Mississippi Code of 1972: 16
11-68-1. Short title. This act shall be known and may be 17
cited as the "Asbestos Action Over-Naming Reform Act." 18
SECTION 2. The following section shall be codified as 19
Section 11-68-3, Mississippi Code of 1972: 20
11-68-3. Definitions. The following words and phrases as 21
used in this chapter have the meaning ascribed to them in this 22
section, unless the context clearly requires otherwise: 23
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(a) "Asbestos" means the same as in Section 11-67-5. 24
(b) "Asbestos action" means the same as in Section 25
11-67-5. 26
SECTION 3. The following section shall be codified as 27
Section 11-68-5, Mississippi Code of 1972: 28
11-68-5. Required disclosures by the plaintiff. (1) In 29
addition to the disclosure requirements provided in Section 30
11-67-7, within thirty (30) days after an asbestos action is 31
filed, the plaintiff shall file a sworn statement specifying the 32
basis for each claim against each defendant in addition to any 33
disclosures required by Section 11-67-7. The sworn statement 34
required by this section shall include all of the following: 35
(a) The name, date of birth, marital status, 36
occupation, smoking history, current and past residences and 37
worksites, and current and past employers of the plaintiff, and 38
any person through whom the plaintiff alleges exposure to 39
asbestos; 40
(b) The name and address of each person who is 41
knowledgeable about each exposure and the plaintiff's relationship 42
to that person; 43
(c) The manufacturer or seller and brand and trade name 44
of each asbestos-containing product to which the plaintiff was 45
exposed or the other person was exposed if exposure was through 46
another person; 47
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(d) The sites and the location at the sites that 48
establish the direct connection between the plaintiff, or the 49
other person if exposure was through another person, and each 50
defendant; 51
(e) The beginning and ending dates of each exposure; 52
(f) The asbestos-related disease that is alleged; 53
(g) If the plaintiff has filed any prior asbestos 54
action, information as to the case name, case number, and court 55
for each prior asbestos action; and 56
(h) All supporting documentation relating to the 57
information required in this section. 58
(2) A plaintiff shall supplement the information required by 59
this section when the plaintiff receives information that is 60
required to be disclosed or becomes aware that a prior disclosure 61
was inaccurate or incomplete. 62
SECTION 4. The following section shall be codified as 63
Section 11-68-7, Mississippi Code of 1972: 64
11-68-7. Dismissal of asbestos action without prejudice. 65
The court, on motion by a defendant, may dismiss the asbestos 66
action against any defendant whose product or premises is not 67
identified in the disclosures required by Section 11-78-5, or if 68
the plaintiff fails to comply with this chapter. 69
SECTION 5. Section 11-67-7, Mississippi Code of 1972, is 70
amended as follows: 71
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11-67-7. Required disclosures by the plaintiff. (1) In 72
addition to any other disclosures required by law, within thirty 73
(30) days after an asbestos action is filed, or by August 1, 2017, 74
whichever is later, the plaintiff shall do all of the following: 75
(a) Provide the court and parties with a sworn 76
statement signed by the plaintiff, under penalties of perjury, 77
that all asbestos trust claims that can be made by the plaintiff 78
have been filed and that includes the following: 79
(i) A statement that an investigation of all 80
asbestos trust claims has been conducted; 81
(ii) A list identifying each asbestos trust claim 82
that has been filed by the plaintiff; 83
(iii) A list identifying each asbestos trust claim 84
that can be made by the plaintiff, which has not been filed for 85
the sole permissible reason that the cost of submitting an 86
asbestos trust claim exceeds the plaintiff's reasonably 87
anticipated recovery; and 88
(iv) Whether there has been a request to defer, 89
delay, suspend, toll, withdraw, or otherwise alter the standing of 90
any asbestos trust claim, and provide the status and disposition 91
of each asbestos trust claim. 92
(b) Provide all parties with all trust materials, 93
including trust materials that relate to conditions other than 94
those that are the basis for the asbestos action and including all 95
trust materials from all law firms connected to the plaintiff in 96
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relation to exposure to asbestos, including anyone at a law firm 97
involved in the asbestos action, any referring law firm, and any 98
other firm that has filed an asbestos trust claim for the 99
plaintiff. Documents should be accompanied by a custodial 100
affidavit from the asbestos trust, certifying that the trust 101
materials submitted to defendants are true and complete. 102
(c) If the plaintiff's asbestos trust claim is based on 103
secondary exposure to asbestos through another individual or 104
individuals, the plaintiff shall produce all trust materials 105
submitted by the other individual or individuals to any asbestos 106
trusts if the materials are available to the plaintiff or the 107
plaintiff's counsel. 108
(2) The plaintiff has a continuing duty to supplement the 109
information and materials required under subsection (1) and the 110
supplementation shall be made no later than thirty (30) days after 111
the plaintiff supplements an existing asbestos trust claim, 112
receives additional information or materials related to an 113
asbestos trust claim, or files an additional asbestos trust claim. 114
(3) The court may dismiss the asbestos action if the 115
plaintiff fails to comply with this section. 116
(4) An asbestos action may not be set for trial until at 117
least one hundred eighty (180) days after the requirements of 118
subsection (1) are met. 119
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(5) Not less than thirty (30) days before trial in an 120
asbestos action, the court shall enter into the record a document 121
that identifies every asbestos trust claim made by the plaintiff. 122
SECTION 6. Section 11-67-9, Mississippi Code of 1972, is 123
brought forward as follows: 124
11-67-9. Identification of additional asbestos trust claims 125
by defendant; trust record. (1) A defendant may file a motion 126
requesting a stay of the proceeding on or before the later of the 127
sixtieth (60th) day before the date of trial in the action is set 128
to commence or any other such time for which the defendant has a 129
good faith reasonable basis to request a stay. The motion shall 130
identify the asbestos trust claims not previously identified that 131
the defendant believes the plaintiff can file and include 132
information supporting the asbestos trust claims. 133
(2) Within ten (10) days of receiving the defendant's 134
motion, the plaintiff shall: 135
(a) File the asbestos trust claims; or 136
(b) File a written response with the court requesting a 137
determination that the cost to file the asbestos trust claims 138
exceeds the plaintiff's reasonably anticipated recovery. 139
(3) (a) Subject to paragraph (b) of this subsection (3), if 140
the court determines that there is a basis for the plaintiff to 141
file an asbestos trust claim identified in the motion to stay, the 142
court shall stay the asbestos action until the plaintiff files the 143
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asbestos trust claim and produces all related trust claims 144
materials. 145
(b) If the court determines that the cost of submitting 146
an asbestos trust claim exceeds the plaintiff's reasonably 147
anticipated recovery, the court shall stay the asbestos action 148
until the plaintiff files with the court and provides all parties 149
with a verified statement of the plaintiff's history of exposure, 150
usage, or other connection to asbestos covered by that asbestos 151
trust. 152
(4) An asbestos action may not be set for trial until at 153
least sixty (60) days after the plaintiff complies with the 154
requirements of this section. 155
SECTION 7. Section 11-67-11, Mississippi Code of 1972, is 156
brought forward as follows: 157
11-67-11. Discovery; use of materials. (1) Trust materials 158
and trust governance documents are presumed to be relevant and 159
authentic, and are admissible in evidence in an asbestos action. 160
A claim of privilege does not apply to any trust materials or 161
trust governance documents. 162
(2) A defendant in an asbestos action may seek discovery 163
from an asbestos trust. The plaintiff may not claim privilege or 164
confidentiality to bar discovery and shall provide consent at the 165
time of asbestos trust identification, including, but not limited 166
to, authorization for release of trust materials or other 167
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ST: The Asbestos Action Over-Naming Reform Act;
create to regulate.
expression of permission that may be required by the asbestos 168
trust to release information and materials sought by a defendant. 169
(3) Trust materials that are sufficient to entitle a claim 170
to consideration for payment under the applicable trust governance 171
documents are sufficient to support a jury finding that the 172
plaintiff was exposed to products for which the trust was 173
established to provide compensation and that, under applicable 174
law, such exposure is a substantial contributing factor in causing 175
the plaintiff's injury that is at issue in the asbestos action. 176
SECTION 8. The following section shall be codified as 177
Section 11-68-9, Mississippi Code of 1972: 178
11-68-9. Application. This act shall apply to all asbestos 179
actions filed on or after July 1, 2026. 180
SECTION 9. This act shall take effect and be in force from 181
and after July 1, 2026. 182