Missouri 2025 Regular Session

Missouri House Bill HB975

Introduced
1/22/25  

Caption

Modifies provisions relating to actions for damages due to exposure to asbestos

Summary

HB975 creates a detailed set of procedural rules for asbestos-related civil lawsuits in Missouri, applying to cases filed on or after August 28, 2025, and to some earlier-filed cases that have not yet reached trial. The bill requires claimants to disclose, early in the case, that they have investigated and filed all available asbestos trust claims, and to provide extensive trust-claim materials, affidavits, and sworn information identifying exposures, products, worksites, employers, witnesses, and prior asbestos cases. It also imposes a continuing duty to supplement those disclosures as new trust claims or information arise. The bill gives defendants new tools to challenge asbestos claims and obtain trust-related evidence. Defendants may move to compel additional trust claims before trial, trust materials are presumed relevant and admissible, privilege and confidentiality cannot be used to block discovery of those materials, and courts may dismiss noncompliant cases without prejudice. The bill also allows defendants to seek setoffs for trust payments, creates a rebuttable presumption about trust compensation if a case goes to trial before trust claims are resolved, and permits reopening of judgments if a claimant later receives additional trust payments. Firefighters, paramedics, and EMTs who are paid, volunteer, or retired are exempt from the trust-claim filing provisions in sections 537.880 to 537.890.

Impact

HB975 would amend Chapter 537, RSMo, by adding seven new sections that substantially change asbestos litigation procedure in Missouri. It expands pretrial disclosure obligations, authorizes broader discovery into asbestos bankruptcy trusts, affects admissibility and setoff rules at trial, and gives courts authority to dismiss or reopen cases based on compliance and later trust recoveries. The bill primarily affects asbestos claimants, defendants, bankruptcy trust claims, and trial courts handling personal injury and wrongful death asbestos actions.

Sentiment

The available record shows no committee transcript and no recorded votes, so there is no documented floor or committee debate to gauge support or opposition. Based on the bill text alone, the measure appears designed to favor transparency and reduce duplicative recovery in asbestos litigation, suggesting a pro-defendant procedural reform approach. The firefighter/EMT exemption indicates an effort to carve out a sympathetic class of claimants from the new requirements.

Contention

The main points of contention are likely to be the bill’s expanded disclosure and discovery requirements, the elimination of privilege and confidentiality objections for trust materials, and the ability to dismiss cases or reopen judgments based on trust-claim activity. Supporters would likely view these provisions as preventing hidden claims and ensuring accurate apportionment of damages, while opponents may argue they burden injured claimants, expose sensitive information, and create additional hurdles to recovery. The exemption for firefighters, paramedics, and EMTs is a notable carveout that may reflect concern about occupational asbestos exposure in emergency responders.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.