§76-95. Prerequisite of prima facie showing in silica claims – Medical report – Evidence requirements.
A. No person shall have a silica claim placed on any active trial roster in this state, or brought to trial in this state, or conduct discovery in a silica claim in this state, in the absence of a prima facie showing of impairment as shown by service on each defendant of a report by […]
§76-111. Limitations on liability for exposure to COVID-19.
A. As used in this section: 1. “COVID-19” means the novel coronavirus identified as SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions associated with the disease; 2. “Guidance” means written guidelines related to COVID-19 issued by the Centers for Disease Control and Prevention, Occupational Safety and Health Administration of the United States Department of Labor, […]
§76-96. Service of report on all defendants – Trial docket – Interpretation.
A. In order to have an asbestos or silica claim placed on any active trial docket in this state, or brought to trial in this state, or conduct discovery in an asbestos or silica claim in this state, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or […]
§76-112. Short title – COVID-19 Product Protection Act – Limitations on liability.
A. This section shall be known and may be cited as the “COVID-19 Product Protection Act”. B. As used in this act: 1. “COVID-19” means the novel coronavirus identified as SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions associated with the disease; 2. “COVID-19 public health emergency” means any emergency declared by the Governor of […]
§76-97. Filing of written report and supporting test results of prima facie showing – Expediting mesothelioma claims.
A. In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pursuant to this act. In an action where the claimant either fails to provide such prima facie evidence or […]
§76-98. Effect of act in bankruptcy cases.
Nothing in this act is intended to, and nothing in this act shall be interpreted to: 1. Affect the rights of any party in bankruptcy proceedings; or 2. Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a […]
§76-99. Restriction on adverse actions in regard to health benefit plans, annuities, or life insurance, as a result of meeting this act’s procedural requirements.
An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the procedural requirements of this act to reject, deny, limit, cancel, refuse to renew, […]
§76-100. Beginning of limitations period – Separate claims for nonmalignant conditions and cancer.
A. Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person or […]
§76-100.1. Applicability of act.
EFFECTIVE DATE. The Asbestos and Silica Claims Priorities Act shall apply to all asbestos or silica claims filed on or after the effective date of this act. The Asbestos and Silica Claims Priorities Act shall also apply to any pending asbestos or silica claims in which trial has not commenced by the effective date of […]
§76-101. Severe weather shelter – Immunity from suit.
Any entity or individual that provides access to a safe place in times of severe weather shall not be liable for any civil damages to any person using the safe place during severe weather if the entity or individual was acting in good faith and the damage or injury was not caused by the willful […]