686A.6 Trust record — valuation of asbestos trust claims — judicial notice.
1. Not less than thirty days before trial in an asbestos action, the court shall enter into the record a document that identifies every asbestos trust claim made by the plaintiff or on the plaintiff’s behalf.
2. If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, there is a rebuttable presumption that the plaintiff is entitled to, and will receive, the compensation specified in the trust governance document applicable to the plaintiff’s claim at the time of trial. The court shall take judicial notice that the trust governance document specifies compensation amounts and payment percentages and shall establish an attributed value to the plaintiff’s asbestos trust claims.
2017 Acts, ch 11, §6
Referred to in §686A.7
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS
Section 686A.3 - Required disclosures by plaintiff.
Section 686A.4 - Identification of additional or alternative asbestos trusts by defendant.
Section 686A.5 - Discovery — use of materials.
Section 686A.6 - Trust record — valuation of asbestos trust claims — judicial notice.
Section 686A.7 - Setoff — credit.
Section 686A.8 - Failure to provide information — sanctions.