S.Amdt. 2871

SA 2871. Mr. LAUTENBERG 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:

Strike from line 6 on page 321 to line 13 on page 322, and insert in lieu thereof the following:

(1) In general.--Except as provided under paragraph (2) 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) This Act shall not be the exclusive remedy for claims in which a defendant is a company or any domestic or foreign subsidiary of that company that does business with the Islamic Republic of Iran.

(B) 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. a verdict, final order, or final judgment has been entered by a trial court.

(C) Nonapplicability.--This Act shall not apply to a civil action described under subparagraph (B) throughout the final disposition of the action.