AN ACT AMENDING RULE 26 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE RELATING TO DISCOVERY IN BANKRUPTCY TRUST PERSONAL INJURY CLAIMS. Enacted June 12, 2018. Effective June 12, 2018.
Summary date: Jun 12 2018 - View summary
Summary date: May 24 2017 - View summary
House committee substitute makes the following changes to the 2nd edition.
Amends GS 1A-1, Rule 26 (General provisions governing discovery). Amends the scope of discovery for bankruptcy trust personal injury claims, deleting the requirement that a plaintiff supplement the information and materials provided under that subsection within 30 days of filing an additional claim.
Deletes proposed amendment to GS 1B-4 (Release or covenant not to sue).
Amends GS 1-75.12 (Stay of proceeding to permit trial in a foreign jurisdiction or filing of a bankruptcy trust claim). Deletes proposed language authorizing the court to stay civil personal injury actions claiming asbestos exposure until a bankruptcy trust addresses a bankruptcy trust claim (but preserves the language authorizing the court to stay the action until the plaintiff files the bankruptcy trust claim).
Makes the bill applicable to actions filed (was, filed or pending) on or after the date the bill becomes law.
Summary date: Apr 26 2017 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 1A-1 (Rule 26) by deleting the proposed additions that entitled a defendant to a setoff or credit in the amount the plaintiff has been awarded or is reasonably expected to be awarded from a bankruptcy trust, and that presumed bankruptcy trust claims materials are presumed to be relevant and authentic and are admissible in evidence in the civil action.
Adds a section amending GS 1B-4 by adding that when a release or a covenant not to sue or not to enforce judgment is given in good faith to a person liable in tort for the same injury or the same wrongful death, it reduces the claim against the others to the extent of any amount stipulated by the release or covenant, or in the amount of the consideration paid for it, including the amount of any money awarded or, for a case not stayed under GS 1-75.12(b), reasonably expected to be awarded from a bankruptcy trust, whichever is greater (was, the reduction was limited to the greater of the extent of any amount stipulated by the release or the covenant or the amount of the consideration paid for it).
Enacts new Rule 415 in Article 4 of GS Chapter 8C, creating a rebuttable presumption in any civil action asserting personal injury claiming disease based on exposure to asbestos, that bankruptcy trust claims materials are relevant, authentic, and admissible in evidence in the civil action.
Amends GS 1-75.12 by adding that in any civil action asserting personal injury claiming disease based upon exposure to asbestos, if a defendant has a reasonable belief that the plaintiff can file additional bankruptcy trust claims, the court, on motion of the defendant, can enter an order to stay the action until the plaintiff files that bankruptcy trust claim and the claim is addressed by the bankruptcy trust. Makes conforming changes.
Summary date: Apr 25 2017 - View summary
To be summarized.
Summary date: Mar 29 2017 - View summary
Amends GS 1A-1, Rule 26(b) (concerning the scope of discovery). Requires plaintiffs filing personal injury lawsuits based on exposure to asbestos to provide to all parties a sworn statement indicating that an investigation of all bankruptcy trust claims has been conducted and that all such claims that can be made by the plaintiff have been filed, along with the identify of those claims, and materials submitted to or received from a bankruptcy trust. Provides for the supplementation of this information for subsequent bankruptcy trust claims and materials. Provides for the defendant to move for a stay upon reasonable belief that the plaintiff can file additional bankruptcy trust claims, and provides the defendant with a setoff or credit in the amount the plaintiff is awarded or is reasonably expected to be awarded from a bankruptcy trust. Makes these materials presumptively relevant and authentic and admissible in the action. Authorizes a defendant to seek discovery from a bankruptcy trust.