Ohio Revised Code
Chapter 2307 | Civil Actions
Section 2307.954 | Disclosure of Noncancer Asbestos Trust Claims and Cancer Asbestos Trust Claims.

Effective: March 27, 2013
Latest Legislation: House Bill 380 - 129th General Assembly
(A) A noncancer asbestos trust claim and a cancer asbestos trust claim are based on distinct injuries caused by a person's exposure to asbestos. A noncancer asbestos trust claim that is subject to disclosure under section 2307.952 or 2307.953 of the Revised Code or is identified in this section means the noncancer asbestos claim that is the subject of the asbestos tort action in which the defendant seeks discovery pursuant to sections 2307.951 to 2307.954 of the Revised Code. If a claimant previously filed a noncancer asbestos trust claim with, or submitted a noncancer asbestos trust claim to, an asbestos trust and subsequently filed an asbestos tort action based on a cancer asbestos claim, a cancer asbestos trust claim that is subject to disclosure under section 2307.952 or 2307.953 of the Revised Code or is identified in this section means both the earlier filed noncancer asbestos trust claim and the cancer asbestos claim that is the subject of the subsequent asbestos tort action.
(B) Asbestos trust claims and the information that is the subject of disclosure under section 2307.952 or 2307.953 of the Revised Code are presumed to be authentic, relevant to, and discoverable in an asbestos tort action. Notwithstanding any agreement or confidentiality provision, trust claims material are presumed to not be privileged. The parties in the asbestos tort action may introduce at trial any trust claims material to prove alternative causation for the exposed person's claimed injury, death, or loss to person, to prove a basis to allocate responsibility for the claimant's claimed injury, death, or loss to person, and to prove issues relevant to an adjudication of the asbestos claim, unless the exclusion of the trust claims material is otherwise required by the rules of evidence.
(C) In addition to the disclosure requirements set forth in sections 2307.952 and 2307.953 of the Revised Code, the parties to the asbestos tort action may seek additional disclosure and discovery of information relevant to the action by any mechanism provided by any applicable section of the Revised Code, the Rules of Civil Procedure, any local rule, or any case management order. In addition to the disclosure described in this division, any defendant in the asbestos tort action also may seek discovery of the claimant's asbestos trust claims directly from the asbestos trusts involved.
(D) In an asbestos tort action, upon the filing by a defendant or judgment debtor of an appropriate motion seeking sanctions or other relief, the court may impose any sanction provided by a law of this state, including, but not limited to, vacating a judgment rendered in an asbestos tort action for a claimant's failure to comply with the disclosure requirements of this section and sections 2307.952 and 2307.953 of the Revised Code.
(E)(1) If subsequent to obtaining a judgment in an asbestos tort action in this state a claimant files any additional asbestos trust claim with, or submits any additional asbestos trust claim to, an asbestos trust that was in existence at the time the claimant obtained that judgment, the trial court, upon the filing by a defendant or judgment debtor of an appropriate motion seeking sanctions or other relief, has jurisdiction to reopen its judgment in the asbestos tort action and do either of the following:
(a) Adjust the judgment by the amount of any subsequent asbestos trust payments obtained by the claimant;
(b) Order any other relief to the parties that the court considers just and proper.
(2) As used in division (E) of this section, "asbestos trust" means and encompasses all trust entities, claims agents, or claims processing facilities that are created pursuant to the jurisdiction of a United States bankruptcy court and section 524(g) of Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. 524(g), or other applicable provision of law and that are formed for the purpose of compensating claimants asserting eligible asbestos claims.
(F) 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 was entered or taken.

Structure Ohio Revised Code

Ohio Revised Code

Title 23 | Courts-Common Pleas

Chapter 2307 | Civil Actions

Section 2307.01 | Action Defined.

Section 2307.011 | Civil Action Definitions.

Section 2307.06 | Suit on Bond.

Section 2307.07 | Copy of Bond.

Section 2307.09 | Married Woman May Sue and Be Sued.

Section 2307.10 | Wife's Right to Defend.

Section 2307.12 | Next Friend Liable for Costs.

Section 2307.131 | Appointment of Trustee of Interest of Person Not Yet Born - Representing Future Interest of Charitable Trust.

Section 2307.14 | Compensation and Replacement of Guardian Ad Litem or Trustee.

Section 2307.15 | Determination of Insanity of a Party.

Section 2307.16 | Partnership May Sue or Be Sued by Its Name.

Section 2307.17 | Person Claiming Property Interest May Be Made a Party.

Section 2307.18 | Officer Acting Under Process May Interplead.

Section 2307.22 | Joint and Several Tort Liability.

Section 2307.23 | Determining Percentage of Tortious Conduct Attributable to Party in Tort Action.

Section 2307.24 | Joint and Several Liability That Is Not Based in Tort.

Section 2307.25 | Right of Contribution.

Section 2307.26 | Enforcing Contribution One or More Tortfeasors.

Section 2307.27 | Satisfying Judgment - Apportioning Liability.

Section 2307.28 | Release or a Covenant Not to Sue or Not to Enforce Judgment.

Section 2307.29 | Contribution Rights Relation to Other Statutes.

Section 2307.30 | Separate Composition of Joint Debtor With Creditor.

Section 2307.34 | Cause of Action for Contribution in Favor of Primary Insurer Against Secondary Insurer.

Section 2307.381 | Long-Arm Statute Definitions.

Section 2307.382 | Personal Jurisdiction.

Section 2307.385 | Jurisdiction.

Section 2307.39 | Agreements to Be Bound by Ohio Law.

Section 2307.40 | Members and Officers of the General Assembly Privileged From Answering.

Section 2307.41 | Venue for Aircraft Negligence.

Section 2307.44 | Hazing Civil Liability.

Section 2307.45 | Reciprocity in Enforcing Tax Statutes.

Section 2307.46 | Request for Confidentiality by Woman Bringing Civil Action Based on Abortion.

Section 2307.50 | Civil Action to Recover Damages for Interference With the Parental or Guardianship Interest.

Section 2307.51 | Civil Action for Damages Related to Crime of Trafficking in Persons.

Section 2307.52 | Civil Action for Damages for Terminating or Attempting Termination of Pregnancy After Viability.

Section 2307.53 | Civil Action for Damages for Dismemberment Abortion or Partial Birth Feticide.

Section 2307.54 | Civil Action for Abortion After 20 Weeks.

Section 2307.60 | Civil Action for Damages for Criminal Act.

Section 2307.601 | No Duty to Retreat in Residence or Vehicle.

Section 2307.61 | Civil Action for Willful Damage or Theft.

Section 2307.611 | Damages in Actions for Identity Fraud.

Section 2307.62 | Civil Action for Damages by Cable Television Owner or Operator.

Section 2307.63 | Consent as Defense in Action Against Mental Health Professional Based on Sexual Conduct or Contact.

Section 2307.64 | Regulating Electronic Mail Advertisements.

Section 2307.65 | Civil Action to Recover Benefits Improperly Paid.

Section 2307.66 | Civil Action for Dissemination of Images.

Section 2307.67 | Civil Action - Critical Infrastructure Facility.

Section 2307.70 | Civil Action for Damages for Vandalism, Desecration or Ethnic Intimidation.

Section 2307.71 | Product Liability Definitions.

Section 2307.711 | Assumption of Risk as Affirmative Defense to Product Liability Claim.

Section 2307.72 | Civil Action for Product Liability Claim.

Section 2307.73 | Liability of Manufacturer - Enterprise Liability Rejected.

Section 2307.74 | Product Defective in Manufacture or Construction.

Section 2307.75 | Product Defective in Design or Formulation.

Section 2307.76 | Product Defective Due to Inadequate Warning or Instruction.

Section 2307.77 | Product Conforming to Representation Made by Manufacturer.

Section 2307.78 | Liability of Supplier.

Section 2307.79 | Compensatory Damages for Economic Loss From Manufacturer or Supplier.

Section 2307.80 | Punitive or Exemplary Damages From Manufacturer or Supplier.

Section 2307.81 | Dissemination of False Information About the Safety of Ohio's Food Supply.

Section 2307.84 | Silicosis or Mixed Dust Disease Claims - Definitions.

Section 2307.85 | Silicosis Claim - Prima Facie Showing - Evidence of Physical Impairment - Effect of Decision.

Section 2307.86 | Mixed Dust Disease Claim - Prima Facie Showing - Evidence of Physical Impairment - Effect of Decision.

Section 2307.87 | Silicosis or Mixed Dust Disease Claim - Filing of Evidence of Physical Impairment - Challenge - Administrative Dismissal.

Section 2307.88 | Silicosis or Mixed Dust Disease Claim - Tolling of Statute of Limitations - Nonmalignant and Cancer Claims Distinct.

Section 2307.89 | Silicosis or Mixed Dust Disease Claim Against Premises Owner.

Section 2307.90 | Silicosis or Mixed Dust Disease Claim - Operation of Other Laws Unaffected - Exhumation Not Required.

Section 2307.901 | Silicosis or Mixed Dust Disease Claim - Multiple Defendants - Substantial Factor Test.

Section 2307.902 | Silicosis or Mixed Dust Disease Claim - Piercing the Corporate Veil.

Section 2307.91 | Asbestos Claims - Definitions.

Section 2307.92 | Asbestos Claim - Prima Facie Showing - Evidence of Physical Impairment - Effect of Decision.

Section 2307.93 | Asbestos Claim - Filing of Evidence of Physical Impairment - Challenge - Administrative Dismissal.

Section 2307.94 | Asbestos Claim - Tolling of Statute of Limitations - Nonmalignant and Cancer Claims Distinct.

Section 2307.941 | Asbestos Claim Against Premises Owner.

Section 2307.95 | Asbestos Claim - Operation of Other Laws Unaffected.

Section 2307.951 | Definitions for Rc Sections 2307.952 to 2307.954.

Section 2307.952 | Disclosures Pertaining to Asbestos Trust Claims.

Section 2307.953 | Motion to Stay Proceedings in Asbestos Tort Action.

Section 2307.954 | Disclosure of Noncancer Asbestos Trust Claims and Cancer Asbestos Trust Claims.

Section 2307.96 | Asbestos Claim - Multiple Defendants - Substantial Factor Test.

Section 2307.97 | Cumulative Successor Asbestos-Related Liabilities of Corporation.

Section 2307.98 | Asbestos Claim - Piercing the Corporate Veil.