(a) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under section four of this article within one hundred twenty days prior to the trial date.
(b) If, in the disclosures required by section four of this article, a plaintiff identifies a potential asbestos trust claim, the judge shall have the discretion to stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend or toll the claim against the asbestos trust.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 7F. Asbestos Bankruptcy Trust Claims Transparency Act
§55-7F-2. Findings and Purpose
§55-7F-4. Required Disclosures by Plaintiff
§55-7F-5. Discovery; Use of Materials
§55-7F-6. Scheduling Trial; Stay of Action
§55-7F-7. Identification of Additional or Alternative Asbestos Trusts by Defendant
§55-7F-8. Valuation of Asbestos Trust Claims; Judicial Notice