On January 8, 2025, Ohio Governor Mike DeWine signed into law Ohio Revised Code §2307.931 requiring plaintiffs in a tort action alleging asbestos exposure to file detailed disclosures within 60 days of filing of the complaint. Specifically, any plaintiff filing an asbestos claim after January 8, 2025, must produce within 60 days a sworn statement specifying the basis for the claim against each defendant, including the following:

• Basic personal background information, worksites, and employers;
• Identity of persons with knowledge;
• For each defendant, the asbestos-containing product to which plaintiff was exposed;
• The locations of exposure for each defendant;
• The inclusive dates of each exposure;
• The alleged asbestos-related disease; and
• Supporting documentation relating to the above.

Plaintiff has a continuing duty to supplement this information. If the disclosure does not implicate a defendant, a defendant may file a motion to dismiss, which the court shall grant without prejudice.

Along with representatives from the Ohio Chamber of Commerce, the Ohio Manufacturers’ Association, and others, Tucker Ellis Partner Laura Hong appeared before the Insurance Committees of both Ohio House of Representatives and Senate in support of the bill, testifying that it “strikes a balance by allowing plaintiffs with meritorious cases to proceed while reducing filings against innocent defendants or giving innocent defendants the opportunity to exit a case earlier and save money that is now being wasted on legal fees or tied up in reserves.”

The new statute can be accessed on The Ohio Legislature’s website here.

This Client Alert has been prepared by Tucker Ellis LLP for the use of our clients. Although prepared by professionals, it should not be used as a substitute for legal counseling in specific situations. Readers should not act upon the information contained herein without professional guidance.