Section 686D.5 – Safe harbor for compliance with regulations, executive orders, or public health guidance.
686D.5 Safe harbor for compliance with regulations, executive orders, or public health guidance. A person in this state shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was […]
Section 686D.6 – Liability of health care providers.
686D.6 Liability of health care providers. 1. A health care provider shall not be liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider’s acts or omissions while providing or arranging health care in support of the state’s […]
Section 686D.7 – Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to COVID-19.
686D.7 Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to COVID-19. 1. Any person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 shall not be liable in a civil action alleging personal injury, death, […]
Section 686D.8 – Construction.
686D.8 Construction. This chapter shall not be construed to do any of the following: 1. Create, recognize, or ratify a claim or cause of action of any kind. 2. Eliminate or satisfy a required element of a claim or cause of action of any kind. 3. Affect the rights or limits under workers’ compensation as […]
Section 686C.2 – Definitions.
686C.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Asbestos action” means the same as defined in section 686A.2, but also includes any claim for damage or loss caused by the installation, presence, or removal of asbestos. 2. “Corporation” means any corporation established under either domestic or foreign charter and includes […]
Section 686C.3 – Limitations on successor asbestos-related liabilities.
686C.3 Limitations on successor asbestos-related liabilities. 1. Except as provided in subsection 2, the cumulative successor asbestos-related liabilities of a successor are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. A successor shall not have responsibility for successor asbestos-related […]
Section 686C.4 – Establishing fair market value of total gross assets.
686C.4 Establishing fair market value of total gross assets. 1. A successor may establish the fair market value of total gross assets, which include intangible assets, for the purpose of the limitations under section 686C.3, through any method reasonable under the circumstances, including any of the following: a. By reference to the going concern value […]
Section 686C.5 – Adjustment.
686C.5 Adjustment. 1. Except as provided in subsections 2, 3, and 4, the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of the prime rate as listed in the first edition of the Wall street journal published for […]
Section 686C.6 – Scope of chapter — application.
686C.6 Scope of chapter — application. 1. This chapter shall be liberally construed with regard to successors. 2. This chapter applies to all asbestos claims filed against a successor on or after July 1, 2017. 3. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, […]
Section 686A.9 – Application.
686A.9 Application. 1. This chapter applies to all asbestos actions filed on or after July 1, 2017. 2. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested […]