Section 686D.4 – Premises owner’s duty of care — limited liability.
686D.4 Premises owner’s duty of care — limited liability. A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for civil damages for any injuries sustained from the individual’s […]
Section 686B.4 – Asbestos claims involving nonmalignant conditions — elements of proof.
686B.4 Asbestos claims involving nonmalignant conditions — elements of proof. An asbestos action involving a nonmalignant condition shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The prima facie showing shall be made as […]
Section 686B.5 – Silica claims involving silicosis — elements of proof.
686B.5 Silica claims involving silicosis — elements of proof. A silica action involving silicosis shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which exposure to silica was a substantial contributing factor. The prima facie showing shall be made as to each […]
Section 686B.6 – Evidence of physical impairment.
686B.6 Evidence of physical impairment. Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in an action governed by this chapter, must satisfy all of the following requirements: 1. The evidence must comply with the quality controls, equipment requirements, methods of calibration, and techniques set forth in the AMA guides and […]
Section 686.7 – Application.
686.7 Application. 1. This chapter applies to construction defects in new construction. This chapter does not apply to construction defects in renovations or remodels. 2. This chapter only applies to actions brought pursuant to a class action. 2019 Acts, ch 25, §7 – 9 Section applies to actions for which litigation has not commenced prior […]
Section 686A.1 – Title.
686A.1 Title. This chapter shall be known and may be cited as the “Asbestos Bankruptcy Trust Claims Transparency Act”. 2017 Acts, ch 11, §1
Section 686A.2 – Definitions.
686A.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Asbestos” means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C.F.R. pt. 1910 , […]
Section 686A.3 – Required disclosures by plaintiff.
686A.3 Required disclosures by plaintiff. 1. Within ninety days after an asbestos action is filed, or within ninety days after July 1, 2017, whichever is later, the plaintiff shall do all of the following: a. Provide the court and parties with a sworn statement signed by the plaintiff and the plaintiff’s counsel, under penalty of […]
Section 686A.4 – Identification of additional or alternative asbestos trusts by defendant.
686A.4 Identification of additional or alternative asbestos trusts by defendant. 1. A defendant may file a motion requesting a stay of the proceedings on or before the later of the sixtieth day before the date trial in the action is set to commence or the fifteenth day after the defendant first obtains information that could […]
Section 685.3 – Investigations and prosecutions — powers of prosecuting authority — civil actions by individuals as qui tam plaintiffs and as private citizens — jurisdiction of courts.
685.3 Investigations and prosecutions — powers of prosecuting authority — civil actions by individuals as qui tam plaintiffs and as private citizens — jurisdiction of courts. 1. The attorney general shall diligently investigate a violation under section 685.2. If the attorney general finds that a person has violated or is violating section 685.2, the attorney […]