{"data":{"id":"us-ms/miss.-code-ann.-11-67-3","jurisdiction":"us-ms","citation":"Miss. Code Ann. § 11-67-3","heading":"Miss. Code Ann. § 11-67-3","body":"(1) The Legislature finds and determines that:\n\n(a) Asbestos is a mineral that was widely used for insulation, fireproofing, and other purposes;\n\n(b) Exposure to asbestos has been causally associated with mesothelioma and lung cancer, as well as nonmalignant conditions such as asbestosis, pleural plaques, and diffuse pleural thickening;\n\n(c) Approximately one hundred (100) employers have declared bankruptcy at least partially due to asbestos-related liability;\n\n(d) Over ten thousand (10,000) companies have been named as asbestos defendants, including many small- and medium-sized companies, in industries that cover eighty-five percent (85%) of the United States economy;\n\n(e) Scores of trusts have been established in asbestos-related bankruptcy proceedings to form a multibillion dollar asbestos bankruptcy trust compensation system outside of the tort system, and new asbestos trusts continue to be established;\n\n(f) Asbestos plaintiffs often seek compensation both from solvent defendants in civil actions and from trusts or claims facilities formed in asbestos-related bankruptcy proceedings;\n\n(g) There is limited coordination and transparency between these two (2) paths to recovery, which has resulted in the suppression of evidence in asbestos actions; and\n\n(h) Justice is promoted by transparency with respect to asbestos bankruptcy trust claims in civil asbestos actions.\n\n(2) Now, therefore, it is the intent of the Legislature to:\n\n(a) Provide transparency with respect to asbestos bankruptcy trust claims in civil asbestos actions by creating a substantive right for defendants to obtain bankruptcy trust discovery;\n\n(b) Reduce the opportunity for oversight or suppression of evidence in asbestos actions; and\n\n(c) Enhance the ability of courts to oversee and manage asbestos cases.","path":["MS Code","Title 11"],"source_url":"https://legislature.ms.gov/","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:17Z","sha256":"0e5f1b1ceac86b36c30cd3603625bb99b24fca28ad51bd53dc15e89f592b4a9d","source_id":"us-ms","stale":false,"prev":"us-ms/miss.-code-ann.-11-67-15","next":"us-ms/miss.-code-ann.-11-67-5"},"notice":"GroundRules: Original legal text. Not legal advice."}