Legislative Update — ASBESTOS/SILICA
Michigan
MI SB 552: Asbestos and Silicosis Compensation Fairness Act.
• A bill to amend 1961 PA 236, entitled "Revised Judicature Act of 1961," by amending section 5827 (MCL 600.5827) and by adding chapter 30 and section 5840; stating that a person shall not bring or maintain a civil action alleging an asbestos claim based on a nonmalignant condition unless the person makes a prima facie showing that the exposed person has or had a physical impairment resulting from a medical condition to which exposure to asbestos was a substantial contributing factor; and for related purposes.
• 05/25/2007 – Introduced; referred to Judiciary Committee.
PROFESSIONAL LIABILITY
Georgia
GA HB 221: Professional malpractice charges.
• An Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, so as to change certain provisions regarding when an affidavit is required to accompany an action for damages alleging professional malpractice; to provide procedures for the filing of an affidavit under certain circumstances; to provide for the timing of a defendant’s answer under certain circumstances; to correct a cross-reference; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
• 05/18/2007 – Signed by Governor; effective 07/01/2007.
TOXIC TORTS AND ENVIRONMENTAL LAW
Rhode Island
RI SB 397: Industrial property remediation and reuse.
• This act would provide civil penalties against any person, firm or business that violates the provisions of this chapter or the rules, regulations and orders issued pursuant thereto.
• 05/29/2007 – Senate passed as amended.
MISCELLANEOUS
Nevada
NV HB 483: Makes various changes to provisions pertaining to civil actions.
• An Act relating to civil actions; increasing the amount of the homestead exemption; providing that certain property of a judgment debtor is exempt from execution; increasing the amount of damages that may be awarded in certain tort actions brought against a governmental entity or its officers or employees; and providing other matters properly relating thereto.
• 05/28/2007 – Enrolled and delivered to Governor.
Oregon
OR HB 2345: Relating to dogs.
• Eliminates lack of foreseeability as defense in action against owner of dog that caused injury. Does not prevent owner from asserting other defenses or affect award of certain punitive damages.
• 05/24/2007 – Judiciary Committee recommendation: Do Pass with Amendments; to Second Reading.
