S.Amdt. 2810
What it does: 9 changes: replaces text in 6 places, strikes text in 2 places, inserts text
Sen. Edward M. Kennedy (D-MA)What it changes
9 changes to S.Amdt. 2746 · 4 shown in S.Amdt. 2746's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “personal injury claim” with “civil action in Federal or State court seeking damages for personal injury”
ReplacesPage 315, line 10In S.Amdt. 2746 as proposed
(1) In general.--
(A) Rule of construction.--Nothing in this Act shall be construed to preempt, bar, or otherwise preclude any [inserted: civil action in Federal or State court seeking damages for ]personal injury
[struck: claim ]attributable to exposure to silica as to which the plaintiff--(i) pleads with particularity and establishes by a preponderance of evidence either that--
Original wording
On page 315, line 10, strike “personal injury claim” and insert “civil action in Federal or State court seeking damages for personal injury”.
Change 2: Replaces “functional impairment” with “disease or condition”
ReplacesPage 316, line 5[struck: functional impairment][inserted: disease or condition]Original wording
On page 316, line 5, strike “functional impairment” and insert “disease or condition”.
Change 3: Replaces “(2) .” with “(2).”
ReplacesPage 316, line 7In S.Amdt. 2746 as proposed
(bb) asbestos exposure was not a substantial contributing factor to such functional impairment; and
(ii) satisfies the requirements of paragraph (2)
[struck: ].(B) Preemption.--Claims attributable to exposure to silica that fail to meet the requirements of subparagraph (A) shall be preempted by this Act.
Original wording
On page 316, line 7, strike “(2) .” and insert “(2).”.
Change 4: Replaces “Claims” with “Civil actions seeking damages for personal injury”
ReplacesPage 316, line 18[struck: Claims][inserted: Civil actions seeking damages for personal injury]Original wording
On page 316, line 18, strike “Claims” and insert “Civil actions seeking damages for personal injury”.
Change 5: Replaces “initial pleading” with “complaint”
ReplacesPage 316, line 14In S.Amdt. 2746 as proposed
(2) Required evidence.--
(A) In general.--In any claim to which paragraph (1) applies, the
[struck: initial pleading ][inserted: complaint ](or, for claims pending on the date of enactment of this Act, an amended pleading to be filed within 60 days after such date, but not later than 60 days before trial, shall plead with particularity the elements of subparagraph (A)(i)(I) or (II) and shall be accompanied by the information described under subparagraph (B)(i) through (iv).(B) Pleadings.--If the claim pleads the elements of paragraph (1)(A)(i)(II) and by the information described under clauses (i) through (iv) of this subparagraph if the claim pleads the elements of paragraph (1)(A)(i)(I)--
Original wording
On page 316, line 14, strike “initial pleading” and insert “complaint”.
Change 6: Strikes “plead with” through “shall”
StrikesPage 316, lines 8–20In S.Amdt. 2746 as proposed
(2) Required evidence.--
(A) In general.--In any claim to which paragraph (1) applies, the initial pleading (or, for claims pending on the date of enactment of this Act, an amended pleading to be filed within 60 days after such date, but not later than 60 days before trial, shall
[struck: plead with particularity the elements of subparagraph (A)(i)(I) or (II) and shall ]be accompanied by the information described under subparagraph (B)(i) through (iv).(B) Pleadings.--If the claim pleads the elements of paragraph (1)(A)(i)(II) and by the information described under clauses (i) through (iv) of this subparagraph if the claim pleads the elements of paragraph (1)(A)(i)(I)--
Original wording
On page 316, line 8, strike “plead with” and all that follows through “shall” on line 20.
Change 7: Replaces “report,” with “report, and”
ReplacesPage 317, line 4[struck: report,][inserted: report, and]Original wording
On page 317, line 4, strike “report,” and insert “report, and”.
Change 8: Strikes “and such other evidence”
StrikesPage 317, line 5Struck: and such other evidence
Original wording
On page 317, line 5, strike “and such other evidence”.
Change 9: Inserts new text on page 318, between lines 2 and 3
InsertsInserted: (4) Dual injury.--If an exposed person has both a silica disease or conditions resulting from exposure to silica and a disease or condition resulting from exposure to asbestos, any damages awarded for a claim that meets the requirements of paragraph (2)(A)--
Inserted: (A) shall be limited to damages attributable to the exposed person's exposure to silica; and
Inserted: (B) shall not include damages attributable to the exposed person's exposure to asbestos.
Original wording
On page 318, between lines 2 and 3, insert the following:
Shown as written
On page 315, line 25 and page 316, line 1, strike “a functional impairment” and insert “from a disease or condition”.
On page 316, line 18, strike the comma and insert a parenthesis.
On page 316, line 20, strike “the information” and all that follows through the end of page 317, line 2.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2810. Mr. KENNEDY submitted an amendment intended to be proposed to amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself and Mr. Leahy)) to the bill S. 852, to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes; which was ordered to lie on the table; as follows:
On page 315, line 10, strike “personal injury claim” and insert “civil action in Federal or State court seeking damages for personal injury”.
On page 315, line 25 and page 316, line 1, strike “a functional impairment” and insert “from a disease or condition”.
On page 316, line 5, strike “functional impairment” and insert “disease or condition”.
On page 316, line 7, strike “(2) .” and insert “(2).”.
On page 316, line 18, strike “Claims” and insert “Civil actions seeking damages for personal injury”.
On page 316, line 14, strike “initial pleading” and insert “complaint”.
On page 316, line 18, strike the comma and insert a parenthesis.
On page 316, line 8, strike “plead with” and all that follows through “shall” on line 20.
On page 316, line 20, strike “the information” and all that follows through the end of page 317, line 2.
On page 317, line 4, strike “report,” and insert “report, and”.
On page 317, line 5, strike “and such other evidence”.
On page 318, between lines 2 and 3, insert the following:
(4) Dual injury.--If an exposed person has both a silica disease or conditions resulting from exposure to silica and a disease or condition resulting from exposure to asbestos, any damages awarded for a claim that meets the requirements of paragraph (2)(A)--
(A) shall be limited to damages attributable to the exposed person's exposure to silica; and
(B) shall not include damages attributable to the exposed person's exposure to asbestos.
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Senate amendment submitted
February 14, 2006