60-4917. Same; reopening of judgment. (a) If the plaintiff or a person on the plaintiff's behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos claim, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos claim and adjust the judgment by the amount of any subsequent asbestos trust payments obtained by the plaintiff and order any other relief to the parties that the court considers just and proper.
(b) A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one year after the judgment in the asbestos claim was entered.
History: L. 2018, ch. 25, ยง 6; July 1.
Structure Kansas Statutes
Article 49 - Silica And Asbestos
60-4901 Silica and asbestos claims act; definitions.
60-4902 Same; claim requirements.
60-4903 Same; filing of prima facie evidence of claim.
60-4904 Same; preclusion of claims, when.
60-4905 Same; premises owner liability.
60-4906 60-4906.Same; affect on other laws.
60-4907 Same; burden of proof.
60-4908 Same; applicability of act.
60-4910 Same; preemption by federal law, effect of.
60-4911 Same; citation of act.
60-4912 Asbestos trust claims transparency act; citation of act.
60-4914 Same; duties of plaintiff.
60-4915 Same; filing of asbestos trust claims.