New Laws May Threaten Mesothelioma Payouts
Legislation & Litigation
Written by Travis Rodgers | Edited By Amy Edel
Georgia, Missouri and Arkansas have now all passed bills limiting the damages people can receive and reducing the time people have to file personal injury cases. The Montana House of Representatives is also moving forward with several bills that, if passed, would reduce the statute of limitations for property damage claims and make the process of seeking punitive damages more difficult.
These new and proposed laws could make it harder for mesothelioma survivors and their families to receive mesothelioma compensation. Settlements and verdicts in asbestos lawsuits are key ways people can gain financial compensation for medical expenses, lost wages and other costs associated with their diagnosis.
Rick Nemeroff, the founder of the Nemeroff Law Firm, which represents people across the nation who asbestos manufacturers harmed, told The Mesothelioma Center that these proposed laws are meant to intimidate people who have a right to file an asbestos lawsuit for compensation.
“Our lawyers provide truthful guidance to victims being bombarded by negative publicity surrounding injury and death cases,” Nemeroff said. “The corporate wrongdoers themselves often push the negative publicity to scare victims off from pursuing their rights.”
Georgia Senate Bill 68 Passed
Georgia lawmakers recently passed Senate Bill 68. Supporters say it will ensure more balance between plaintiffs and defendants in personal injury lawsuits. However, those who oppose the new measure say it could limit people’s constitutional right to seek damages.
Provisions of Georgia Senate Bill 68
- Limits an owner’s liability for injuries on their property.
- Makes it easier for trials to be split into several stages, allowing juries to decide liability and damages separately.
- Restricts special damages awarded for medical bills to the actual amount instead of the amount the plaintiff paid.
One of the bill’s sponsors, Republican State Senate President Pro Tem John F. Kennedy, District 18, told the Georgia Recorder: “This legislation is not about protecting corporate profits. It’s not about caving to the demands of the insurance companies or denying Georgians their ability to be fully and fairly compensated when they need to go to court. Instead, it is about stabilizing costs and putting all Georgians — no matter where your zip code is — first.”
Opponents Introduce Georgia Senate Bill 223
Senate Democrats proposed Senate Bill 223, a bill they believe better tackles concerns over “frivolous lawsuits” than Senate Bill 68 will. Supporters of Bill 223 say it offers legal protections for businesses that enhance customer safety on-site. The bill is pending a Georgia Senate Judiciary Committee review.
Opponents of Senate Bill 68 say it won’t actually lower insurance costs. They argue it will only make it harder for people – like those with mesothelioma – to hold corporations accountable for their negligence or wrongdoing.
“There is nothing in [Senate Bill 68] that provides relief from those sky-high premiums,” said Democratic State Senator Jason Esteves, District 35. “There’s nothing in this bill that provides you relief from increasing insurance rates. And even worse, it will prevent thousands of Georgians who have been legitimately injured or killed from filing lawsuits and suing people who have done them wrong.”
New Personal Injury Laws in Missouri and Arkansas Target Asbestos Cases
Missouri lawmakers passed House Bill 68, which reduces the time someone has to file a personal injury lawsuit. This bill isn’t state law yet. It’s moving to the Missouri Senate for debate and further review.
Currently, Missourians have 5 years from the date of an asbestos-related disease diagnosis to file a claim. The proposed bill would reduce the statute of limitations to 2-years. If the bill passes the Senate and becomes state law, the proposed date it would go into effect is August 28, 2025.
Supporters of the bill say it would align Missouri with 25 other states that also have 2-year statutes of limitations. There are also 16 states in the U.S. with 3-year statutes of limitations. Proponents also contend it will help businesses, speed up claim resolutions and lower insurance costs.
In Arkansas, House Bill 1204 is now state law. Governor Sarah Huckabee Sanders signed it into law on February 11, 2025. It reduces how much plaintiffs can receive in personal injury cases. Arkansas, like Missouri, counts only the bills paid, not the total cost of medical care.
Proposed Bills in Montana Would Shift Asbestos Blame
Bills are moving forward in a state known for asbestos contamination in Libby, Montana – one of America’s worst asbestos disasters. The Montana House of Representatives is proceeding with several bills that would make it tougher for people to take legal action against large companies responsible for injuries and illnesses.
Two of the proposed bills deal with the statute of limitations for filing claims and the process for seeking punitive damages. If passed and signed into law, House Bill 302 would mean people seeking punitive damages and their mesothelioma lawyers would have to seek punitive damages through an additional trial.
Montana House Bill 303 relates to the historic case of the vermiculite mines near Libby that released at least 5,000 pounds of asbestos into the air daily from 1923 to 1990. W.R. Grace & Co. operated the mine that led to hundreds of deaths and thousands of diagnoses of asbestos-related conditions. Facing more than 129,000 asbestos exposure-related claims, W.R. Grace declared bankruptcy and created an asbestos trust fund.
BNSF Railway is also connected to the Libby disaster. The railway transported asbestos-contaminated vermiculite from the mine to Libby. In May 2024, a court ordered BNSF to pay $4 million in compensatory damages in connection to the deaths of two people who lived near the railyard and died from mesothelioma.
If it passes and eventually becomes law, House Bill 303 would shift the blame from BNSF to W.R. Grace. This would clear the railway of its role in spreading asbestos in and around Libby.
Proposed Legislation in Montana
- House Bill 301: Would enforce a 2-year period of limitations for property damage claims.
- House Bill 302: Would require an additional trial for plaintiffs to receive punitive damages.
- House Bill 303: Would remove all mesothelioma liability on BNSF and place all blame on W.R. Grace.
One of the House Bill 303’s sponsors, Republican Montana Representative Anthony Nicastro, District 50, is a partner at the same law firm that has represented BNSF in asbestos cases. At a recent hearing, the Montana Trial Lawyers Association pointed out that the legislation could make it harder for people to hold companies accountable for their actions.
‘Grieving Families Act’ Vetoed a Third Time
For the third year in a row, New York Governor Kathy Hochul has vetoed an update to a wrongful death law that hasn’t changed in 177 years. The proposed change to the law, known as the “Grieving Families Act,” would increase financial support for families who lost loved ones.
Many states let families who file a wrongful death lawsuit for mesothelioma seek compensation for both medical expenses and for pain and suffering. However, New York only allows wrongful death compensation for medical and funeral costs.
“How many more families have to suffer without justice before this governor takes action?” New York State Trial Lawyers Association President Victoria Wickman said in a statement. “This veto is a cruel reminder that Governor Hochul has chosen to prioritize protecting big business over standing with grieving New Yorkers.”
Executive Director Tom Stebbins, of the Lawsuit Reform Alliance of New York, a coalition group of business organizations, companies and local political political leaders, remarked in a statement: “There’s a way to modernize the law without tipping the scales of justice so far that everyone loses. Governor Hochul understands that and has once again demonstrated true leadership by vetoing this deeply flawed legislation.”
