The procedures set out in this chapter are in addition to procedures otherwise available by statute, rule or common law and do not limit in any way the availability of such procedures, but shall not apply to any action against a manufacturer or supplier of asbestos or product for industrial use that contains asbestos to which the provisions of § 8.01-374.1 may apply.
§ 8.01-267.9.Effect on other law.
Chapter 5.1. Multiple Claimant Litigation Act · Last amended 1995 · Last verified July 16, 2026
In one sentenceSection 8.01-267.9 makes clear the Multiple Claimant Litigation Act’s procedures supplement, rather than replace, other statutory, rule-based, or common-law procedures, but carves out actions against asbestos manufacturers or suppliers, which remain governed by § 8.01-374.1 instead.
Full Text of § 8.01-267.9
Plain-English Summary
Section 8.01-267.9 answers a question that comes up whenever a new procedural chapter is added to the Code: does it replace existing tools, or sit alongside them? Here the answer is addition, not substitution. The joinder, consolidation, and transfer procedures in Chapter 5.1 are in addition to procedures otherwise available by statute, rule, or common law, and nothing in the chapter limits the availability of those other procedures.
There is one deliberate carve-out. The chapter does not apply to any action against a manufacturer or supplier of asbestos, or of a product for industrial use that contains asbestos, where § 8.01-374.1 may apply. Virginia’s asbestos litigation runs on its own dedicated statutory track, and the Multiple Claimant Litigation Act stays out of that lane.
Frequently Asked Questions
Does the Multiple Claimant Litigation Act replace other consolidation or joinder procedures available under Virginia law?
No. Section 8.01-267.9 states its procedures are in addition to procedures otherwise available by statute, rule, or common law, and do not limit those procedures.
Does the Multiple Claimant Litigation Act apply to asbestos litigation?
No, not to any action against a manufacturer or supplier of asbestos or of an industrial product containing asbestos to which § 8.01-374.1 may apply.
Why does the chapter exclude asbestos cases?
Because those actions are governed by their own dedicated statute, § 8.01-374.1, so the chapter’s procedures do not apply to them.
Can a party still use ordinary joinder rules alongside the Multiple Claimant Litigation Act’s procedures?
Yes. The chapter’s procedures supplement, rather than displace, other statutory, rule-based, or common-law procedures.
Is § 8.01-267.9 a substantive consolidation rule?
No. It is a savings clause clarifying the chapter’s relationship to other law and excluding asbestos actions from its reach.
Amendment History
1995, c. 555.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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