Transparency statutes and case management orders require plaintiffs to disclose trust claims filed or intended, produce supporting materials, and in some jurisdictions file trust claims before trial.
Requirements vary substantially by state.
Alternative Names:
Trust Transparency, Bankruptcy Trust Disclosure
Why it Matters?
The disclosure addresses a documented practice of deferring trust submissions until after tort verdicts, so that the exposures alleged to trusts never reach the jury weighing the solvent defendant's share. Trust claim forms frequently allege exposure to numerous bankrupt products that trial testimony omits entirely. Where disclosure is required before trial, the inconsistency becomes available for impeachment and for apportionment.
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Frequently asked questions
What practice did disclosure statutes address?
What do trust claim forms reveal?
