Back to Mississippi

SB2026 • 2026

Asbestos Action Over-naming Reform Act; enact.

AN ACT TO ENACT THE ASBESTOS ACTION OVER-NAMING REFORM ACT; TO CREATE NEW SECTION 11-78-1, MISSISSIPPI CODE OF 1972, TO PROVIDE A SHORT TITLE; TO CREATE NEW SECTION 11-78-3, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 11-78-5, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN DISCLOSURES BY THE PLAINTIFF; TO REQUIRE THAT A PLAINTIFF SHALL SUPPLEMENT THE INFORMATION REQUIRED BY THIS SECTION WHEN THE PLAINTIFF RECEIVES INFORMATION THAT IS REQUIRED TO BE DISCLOSED OR BECOMES AWARE THAT A PRIOR DISCLOSURE WAS INACCURATE OR INCOMPLETE; TO PROVIDE THAT DISCOVERY SHALL NOT COMMENCE AGAINST A DEFENDANT IN AN ASBESTOS ACTION UNTIL THE DEFENDANT'S PRODUCT OR PREMISES IS IDENTIFIED IN THE DISCLOSURES REQUIRED UNDER THIS ACT; TO CREATE NEW SECTION 11-78-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISMISSAL OF AN ASBESTOS ACTION WITHOUT PREJUDICE ON MOTION OF A DEFENDANT; TO CREATE NEW SECTION 11-78-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ACT SHALL APPLY TO ALL ASBESTOS ACTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Wiggins, England
Last action
2026-02-12
Official status
Dead
Effective date
Passage

Plain English Breakdown

Checked against official source text during the last sync.

Asbestos Action Over-naming Reform Act

This act establishes new requirements for asbestos-related lawsuits, including detailed disclosures by plaintiffs and limitations on when discovery can begin against defendants.

What This Bill Does

  • Creates a short title called 'Asbestos Action Over-naming Reform Act'.
  • Defines key terms related to asbestos actions in the Mississippi Code of 1972.
  • Requires plaintiffs to file detailed disclosures about their exposure to asbestos within thirty days after filing an asbestos action.
  • Allows plaintiffs to update their information if they receive new details or realize previous disclosures were incorrect.
  • Provides that discovery against a defendant cannot start until the plaintiff identifies the defendant's product or premises in their disclosures.

Who It Names or Affects

  • People who file lawsuits related to asbestos exposure.
  • Companies and individuals named as defendants in asbestos-related cases.

Terms To Know

Asbestos action
A lawsuit filed by someone exposed to asbestos, claiming damages due to health issues caused by the exposure.
Discovery
The process in a legal case where each side gathers information from the other party before trial.

Limits and Unknowns

  • This act did not pass during its session.
  • It applies only to asbestos actions filed on or after the effective date of this act, which was never reached as it did not pass.

Bill History

  1. 2026-02-12 Mississippi Legislative Bill Status System

    02/12 (S) Died On Calendar

  2. 2026-02-02 Mississippi Legislative Bill Status System

    02/02 (S) Title Suff Do Pass Comm Sub

  3. 2026-01-08 Mississippi Legislative Bill Status System

    01/08 (S) Referred To Judiciary, Division A

Official Summary Text

Asbestos Action Over-naming Reform Act; enact.

Current Bill Text

Read the full stored bill text
S. B. No. 2026 *SS08/R314CS* ~ OFFICIAL ~ G1/2
26/SS08/R314CS
PAGE 1

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Wiggins, England

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2026

AN ACT TO ENACT THE ASBESTOS ACTION OVER-NAMING REFORM ACT; 1
TO CREATE NEW SECTION 11-78-1, MISSISSIPPI CODE OF 1972, TO 2
PROVIDE A SHORT TITLE; TO CREATE NEW SECTION 11-78-3, MISSISSIPPI 3
CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 11-78-5, 4
MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN DISCLOSURES BY THE 5
PLAINTIFF; TO REQUIRE THAT A PLAINTIFF SHALL SUPPLEMENT THE 6
INFORMATION REQUIRED BY THIS SECTION WHEN THE PLAINTIFF RECEIVES 7
INFORMATION THAT IS REQUIRED TO BE DISCLOSED OR BECOMES AWARE THAT 8
A PRIOR DISCLOSURE WAS INACCURATE OR INCOMPLETE; TO CREATE NEW 9
SECTION 11-78-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISMISSAL 10
OF AN ASBESTOS ACTION WITHOUT PREJUDICE ON MOTION OF A DEFENDANT; 11
TO CREATE NEW SECTION 11-78-9, MISSISSIPPI CODE OF 1972, TO 12
PROVIDE THAT THE ACT SHALL APPLY TO ALL ASBESTOS ACTIONS FILED ON 13
OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. The following shall be codified as Section 16
11-78-1, Mississippi Code of 1972: 17
11-78-1. Short title. This chapter may be cited and shall 18
be known as the "Asbestos Action Over-naming Reform Act." 19
SECTION 2. The following shall be codified as Section 20
11-78-3, Mississippi Code of 1972: 21
11-78-3. Definitions. As used in this chapter, the 22
following words and phrases have the meaning ascribed herein 23
unless the context clearly requires otherwise: 24
S. B. No. 2026 *SS08/R314CS* ~ OFFICIAL ~
26/SS08/R314CS
PAGE 2

(a) "Asbestos" has the meaning assigned under Section 25
11-67-5(a). 26
(b) "Asbestos action" has the meaning assigned under 27
Section 11-67-5(b). 28
SECTION 3. The following shall be codified as Section 29
11-78-5, Mississippi Code of 1972: 30
11-78-5. Required disclosures by the plaintiff; duty to 31
supplement. (1) Within thirty (30) days after an asbestos action 32
is filed, the plaintiff shall file a sworn statement specifying 33
the basis for each claim against each defendant in addition to any 34
disclosures required by Section 11-67-7. The sworn statement 35
required by this section shall include all of the following: 36
(a) The manufacturer or seller and brand and trade name 37
of each asbestos-containing product to which the plaintiff was 38
exposed or the other person was exposed if exposure was through 39
another person; 40
(b) The location of each exposure, including for any 41
person through whom the plaintiff alleges exposure; 42
(c) The beginning and ending dates of each exposure; 43
(d) The asbestos-related disease that is alleged; and 44
(e) A supporting documentation relating to the 45
information required in this section. 46
(2) A plaintiff shall supplement the information required by 47
this section when the plaintiff receives information that is 48
S. B. No. 2026 *SS08/R314CS* ~ OFFICIAL ~
26/SS08/R314CS
PAGE 3
ST: Asbestos Action Over-naming Reform Act;
enact.
required to be disclosed or becomes aware that a prior disclosure 49
was inaccurate or incomplete. 50
SECTION 4. The following shall be codified as Section 51
11-78-7, Mississippi Code of 1972: 52
11-78-7. Dismissal of asbestos action without prejudice. 53
The court, on motion by a defendant, may dismiss the asbestos 54
action without prejudice against any defendant whose product or 55
premises is not identified in the disclosures required by Section 56
11-68-5 if the plaintiff fails to comply with this chapter. 57
SECTION 5. The following shall be codified as Section 58
11-78-9, Mississippi Code of 1972: 59
11-78-9. Application. This chapter shall apply to all 60
asbestos actions filed on or after the effective date of this act. 61
SECTION 6. This act shall take effect and be in force from 62
and after its passage. 63