S.Amdt. 2818
What it does: Rewrites page 321, line 6 through page 322, line 13
Sen. Edward M. Kennedy (D-MA)What it changes
1 change to S.Amdt. 2746
Rewrites page 321, line 6 through page 322, line 13
ReplacesRemoves page 321, line 6 through page 322, line 13.
Inserted: (1) In general.--Except as provided under paragraphs (2) and (3) and section 106(f) of this Act and section 524(j)(3) of title 11, United States Code, as amended by this Act, the remedies provided under this Act shall be the exclusive remedy for any asbestos claim, including any claim described in subsection (e)(2), under any Federal or State law.
Inserted: (2) Civil actions at trial.--
Inserted: (A) In general.--This Act shall not apply to any asbestos claim that--
Inserted: (i) is a civil action filed in a Federal or State court (not including a filing in a bankruptcy court);
Inserted: (ii) is not part of a consolidation of actions or a class action; and
Inserted: (iii) on the date of enactment of this Act--
Inserted: (I) in the case of a civil action which includes a jury trial, is before the jury after its impaneling and commencement of presentation of evidence, but before its deliberations;
Inserted: (II) in the case of a civil action which includes a trial in which a judge is the trier of fact, is at the presentation of evidence at trial; or
Inserted: (III) with respect to which a verdict, final order, or final judgment has been entered by a trial court.
Inserted: (B) Nonapplicability.--This Act shall not apply to a civil action described under subparagraph (A) throughout the final disposition of the action.
Inserted: (3) Asbestos claims by certain lung cancer victims.--
Inserted: (A) In general.--This Act shall not apply to any asbestos claim brought by a person with lung cancer who had substantial exposure to asbestos but is not eligible for compensation from the Fund. Notwithstanding any other provision of this Act, a civil action for such asbestos claims may be pursued in Federal or State court alleging that asbestos exposure was a cause of the lung cancer.
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Inserted: (B) Relation to stays.--Notwithstanding any other provision of this Act, section 106(f)(1) shall not apply to a claim described in subparagraph (A).
Original wording
On page 321, strike line 6 and all that follows through page 322, line 13, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2818. 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 321, strike line 6 and all that follows through page 322, line 13, and insert the following:
(1) In general.--Except as provided under paragraphs (2) and (3) and section 106(f) of this Act and section 524(j)(3) of title 11, United States Code, as amended by this Act, the remedies provided under this Act shall be the exclusive remedy for any asbestos claim, including any claim described in subsection (e)(2), under any Federal or State law.
(2) Civil actions at trial.--
(A) In general.--This Act shall not apply to any asbestos claim that--
(i) is a civil action filed in a Federal or State court (not including a filing in a bankruptcy court);
(ii) is not part of a consolidation of actions or a class action; and
(iii) on the date of enactment of this Act--
(I) in the case of a civil action which includes a jury trial, is before the jury after its impaneling and commencement of presentation of evidence, but before its deliberations;
(II) in the case of a civil action which includes a trial in which a judge is the trier of fact, is at the presentation of evidence at trial; or
(III) with respect to which a verdict, final order, or final judgment has been entered by a trial court.
(B) Nonapplicability.--This Act shall not apply to a civil action described under subparagraph (A) throughout the final disposition of the action.
(3) Asbestos claims by certain lung cancer victims.--
(A) In general.--This Act shall not apply to any asbestos claim brought by a person with lung cancer who had substantial exposure to asbestos but is not eligible for compensation from the Fund. Notwithstanding any other provision of this Act, a civil action for such asbestos claims may be pursued in Federal or State court alleging that asbestos exposure was a cause of the lung cancer.
(B) Relation to stays.--Notwithstanding any other provision of this Act, section 106(f)(1) shall not apply to a claim described in subparagraph (A).
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Senate amendment submitted
February 14, 2006