TCJL SUPPORTS – Under legislation introduced Thursday by Rep. Doug Miller (R-New Braunfels), certain cases pending on the asbestos MDL court’s inactive docket could be dismissed. HB 1325 provides that in an action pending on September 1, 2005 (the date the medical criteria requirements took affect) and in which the claimant has not served a report meeting the medical criteria, the MDL court must dismiss the action on motion of a defendant. The claimant may show good cause why the action should not be dismissed.
HB 1325 additionally provides that in an action pending on September 1, 2005, in which the claimant does not serve a complying medical report before the later of March 1, 2014 or the 181st day after the date the action is transferred to the MDL court, the court may on its own motion dismiss the action unless a claimant shows good cause to maintain the action. Dismissal is without prejudice. If a claimant subsequently suffers an asbestos or silica-related injury, the claimant may refile the claim under the law as it existed on the date the dismissed action was filed.
The bill applies to any action pending in the MDL court or referred to the court on or after September 1, 2013.