S.Amdt. 2868
What it does: 6 changes: replaces text in 5 places, inserts text
Sen. Joseph R. Biden Jr. (D-DE)What it changes
6 changes to S.Amdt. 2746
Change 1: Rewrites page 319, lines 3–18
ReplacesRemoves page 319, lines 3–18.
Inserted: (i) before the date of enactment of this Act, the settlement agreement or confirmation of settlement was authorized by the settling defendant or the settling insurer, and confirmed by, or with, counsel for the settling defendant or settling insurer;
Original wording
On page 319, strike lines 3 through 18, and insert the following:
Change 2: Inserts new text on page 320, between lines 6 and 7
InsertsInserted: (B) Agreements dealing with more than 1 claim.--For the purposes of subparagraph (A), a settlement agreement which includes more than 1 asbestos claim shall only be enforceable as to any asbestos claim settled within such settlement agreement if--
Inserted: (i) before the date of enactment of this Act, the specific asbestos claim was settled under such settlement agreement for a specific sum with a specific named plaintiff; and
Inserted: (ii) the specific named plaintiff has complied with subparagraph (A)(iii).
Original wording
On page 320, between lines 6 and 7, insert the following:
Change 3: Replaces “(B)” with “(C)”
ReplacesPage 320, line 7[struck: (B)][inserted: (C)]Original wording
On page 320, line 7, strike “(B)” and insert “(C)”.
Change 4: Replaces “(C)” with “(D)”
ReplacesPage 320, line 11[struck: (C)][inserted: (D)]Original wording
On page 320, line 11, strike “(C)” and insert “(D)”.
Change 5: Replaces “(D)” with “(E)”
ReplacesPage 320, line 15[struck: (D)][inserted: (E)]Original wording
On page 320, line 15, strike “(D)” and insert “(E)”.
Change 6: Replaces “(E)” with “(F)”
ReplacesPage 320, line 21[struck: (E)][inserted: (F)]Original wording
On page 320, line 21, strike “(E)” and insert “(F)”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2868. Mr. BIDEN 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 319, strike lines 3 through 18, and insert the following:
(i) before the date of enactment of this Act, the settlement agreement or confirmation of settlement was authorized by the settling defendant or the settling insurer, and confirmed by, or with, counsel for the settling defendant or settling insurer;
On page 320, between lines 6 and 7, insert the following:
(B) Agreements dealing with more than 1 claim.--For the purposes of subparagraph (A), a settlement agreement which includes more than 1 asbestos claim shall only be enforceable as to any asbestos claim settled within such settlement agreement if--
(i) before the date of enactment of this Act, the specific asbestos claim was settled under such settlement agreement for a specific sum with a specific named plaintiff; and
(ii) the specific named plaintiff has complied with subparagraph (A)(iii).
On page 320, line 7, strike “(B)” and insert “(C)”.
On page 320, line 11, strike “(C)” and insert “(D)”.
On page 320, line 15, strike “(D)” and insert “(E)”.
On page 320, line 21, strike “(E)” and insert “(F)”.
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Senate amendment submitted
February 14, 2006