S.Amdt. 2863
What it does: Rewrites page 325, line 17 through page 326, line 2
Sen. Russell D. Feingold (D-WI)What it changes
1 change to S.Amdt. 2746
Rewrites page 325, line 17 through page 326, line 2
ReplacesRemoves page 325, line 17 through page 326, line 2.
Inserted: (4) Dismissal.--
Inserted: (A) In general.--Except as provided under subsection (d)(2), no judgment other than a judgment for dismissal may be entered in any action asserting an asbestos claim (including any claim described in paragraph (2)) in any Federal or State court on or after the date of enactment of this Act.
Inserted: (B) Dismissal on motion.--A court may dismiss any action asserting an asbestos claim (including any claim described in paragraph (2)) on--
Inserted: (i) motion by any party to such action; or
Inserted: (ii) its own motion.
Inserted: (C) Denial of motion.--If a court denies a motion to dismiss under subparagraph (B)(i), it shall stay further proceedings in any such action until final disposition of any appeal taken under this Act.
Inserted: (D) Exception for pending claims in court.--
Inserted: (i) In general.--Except as provided under subsection (d)(2) and clause (ii) of this subparagraph, an action asserting an asbestos claim that is pending on the date of enactment of this Act in any Federal or State court may not be dismissed under subparagraph (A), but any stay shall continue in effect, if the plaintiff (or the personal representative of the plaintiff, if the plaintiff is deceased or incompetent) in such action has filed a claim, or is still entitled under section 113(b) to file a claim, with the Fund with respect to the disease, condition, or injury forming the basis of such action.
Inserted: (ii) Dismissal allowed if claim is adjudicated.--An action exempt from dismissal under clause (i) shall be dismissed if--
Inserted: (I) the plaintiff's claim under the Fund has been finally adjudicated and the award, if any, to the plaintiff from the Fund has been paid in full;
Inserted: (II) the plaintiff's claim under the Fund has been finally adjudicated and the claimant is not entitled to receive a monetary award or medical monitoring under subtitle D of title I;
Inserted: (III) the plaintiff's claim has been resolved and paid in full under section 106(f); or
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Inserted: (IV) after the Administrator certifies to Congress that the Fund has become operational and paying all valid asbestos claims at a reasonable rate, the plaintiff's claim is pending in any venue other than a venue described under section 405(g)(3).
Inserted: (E) Notice.--The Administrator shall send notice to the appropriate Federal or State court of any adjudication of any claim with the Fund filed by a plaintiff in an action that has been stayed under subparagraph (D)(i).
Inserted: (F) Rule of construction.--Nothing in this paragraph shall be construed to limit dismissal, at any time, of a claim pending in Federal or State court for reasons independent of the enactment of this Act.
Original wording
On page 325, strike line 17 and all that follows through page 326, line 2, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2863. Mr. FEINGOLD 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 325, strike line 17 and all that follows through page 326, line 2, and insert the following:
(4) Dismissal.--
(A) In general.--Except as provided under subsection (d)(2), no judgment other than a judgment for dismissal may be entered in any action asserting an asbestos claim (including any claim described in paragraph (2)) in any Federal or State court on or after the date of enactment of this Act.
(B) Dismissal on motion.--A court may dismiss any action asserting an asbestos claim (including any claim described in paragraph (2)) on--
(i) motion by any party to such action; or
(ii) its own motion.
(C) Denial of motion.--If a court denies a motion to dismiss under subparagraph (B)(i), it shall stay further proceedings in any such action until final disposition of any appeal taken under this Act.
(D) Exception for pending claims in court.--
(i) In general.--Except as provided under subsection (d)(2) and clause (ii) of this subparagraph, an action asserting an asbestos claim that is pending on the date of enactment of this Act in any Federal or State court may not be dismissed under subparagraph (A), but any stay shall continue in effect, if the plaintiff (or the personal representative of the plaintiff, if the plaintiff is deceased or incompetent) in such action has filed a claim, or is still entitled under section 113(b) to file a claim, with the Fund with respect to the disease, condition, or injury forming the basis of such action.
(ii) Dismissal allowed if claim is adjudicated.--An action exempt from dismissal under clause (i) shall be dismissed if--
(I) the plaintiff's claim under the Fund has been finally adjudicated and the award, if any, to the plaintiff from the Fund has been paid in full;
(II) the plaintiff's claim under the Fund has been finally adjudicated and the claimant is not entitled to receive a monetary award or medical monitoring under subtitle D of title I;
(III) the plaintiff's claim has been resolved and paid in full under section 106(f); or
(IV) after the Administrator certifies to Congress that the Fund has become operational and paying all valid asbestos claims at a reasonable rate, the plaintiff's claim is pending in any venue other than a venue described under section 405(g)(3).
(E) Notice.--The Administrator shall send notice to the appropriate Federal or State court of any adjudication of any claim with the Fund filed by a plaintiff in an action that has been stayed under subparagraph (D)(i).
(F) Rule of construction.--Nothing in this paragraph shall be construed to limit dismissal, at any time, of a claim pending in Federal or State court for reasons independent of the enactment of this Act.
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Senate amendment submitted
February 14, 2006