§ 99E-42 – Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Limitation on liability.
99E-42. Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Limitation on liability. Except as set forth in G.S. 99E-43, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined in section 201(f) of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321(f), […]
§ 99E-43 – Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Exceptions to limit on liability.
99E-43. Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Exceptions to limit on liability. G.S. 99E-42 shall not preclude liability in a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by […]
§ 99E-44 – Construction of Article.
99E-44. Construction of Article. (a) Nothing in this Article shall be construed to create any new claim, right of action, or civil liability not previously existing under State law. (b) Nothing in this Article shall be construed to interfere with any agency’s exclusive or primary jurisdiction to find or declare violations of a food adulteration […]
§ 99E-50 – Definitions.
99E-50. Definitions. The following definitions apply in this Article: (1) Asbestos claim. – Any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including any of the following: a. The health effects of exposure to asbestos, including a claim […]
§ 99E-51 – Applicability.
99E-51. Applicability. The limitations in G.S. 99E-52 shall apply to any successor but shall not apply to any of the following: (1) Workers’ compensation benefits paid by or on behalf of an employer to an employee under the provisions of Chapter 97 of the General Statutes, or a comparable workers’ compensation law of another jurisdiction. […]
§ 99E-52 – Limitation on successor asbestos-related liability.
99E-52. Limitation on successor asbestos-related liability. (a) Except as further limited in subsection (b) of this section, the cumulative successor asbestos-related liabilities of a successor corporation 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. The successor corporation does […]
§ 99E-53 – Establishing fair market value of total gross assets.
99E-53. Establishing fair market value of total gross assets. (a) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under G.S. 99E-35 [G.S. 99E-52] through any method reasonable under the circumstances, including either of the following: (1) By reference to the going concern value of […]
§ 99E-54 – Adjustment.
99E-54. Adjustment. (a) Except as provided in subsections (b), (c), and (d) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the following: (1) The prime rate as listed in the first edition of […]
§ 99E-25 – Liability of governmental entities.
99E-25. Liability of governmental entities. (a) This section does not grant authority or permission for a person to engage in hazardous recreational activities on property owned or controlled by a governmental entity unless such governmental entity has specifically designated such area for these activities. (b) No governmental entity or public employee who has complied with […]
§ 99E-30 – Definitions.
99E-30. Definitions. As used in this Article, the following terms mean: (1) Agritourism activity. – Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, hunting, fishing, equestrian activities, or […]