§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 […]
§76-102. Short title – Innocent Successor Asbestos-Related Liability Fairness Act.
SHORT TITLE. This act shall be known and may be cited as the “Innocent Successor Asbestos-Related Liability Fairness Act”. Added by Laws 2013, 1st Ex.Sess., c. 22, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 72, which was derived from Laws 2009, c. 228, § 66, which […]
§76-103. Definitions.
DEFINITIONS. As used in the Innocent Successor Asbestos-Related Liability Fairness Act: 1. “Asbestos claim” means 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: a.the health effects of exposure to asbestos, including any claim for: (1)personal injury […]
§76-104. Applicability.
APPLICABILITY. A. The limitations in Section 5 of this act shall apply to any innocent successor corporation. B. The limitations in Section 5 of this act shall not apply to: 1. Workers’ compensation benefits paid by or on behalf of an employer to an employee under this state’s Workers’ Compensation Act or a comparable workers’ […]
§76-105. Limitations on successor asbestos-related liabilities.
LIMITATIONS ON SUCCESSOR ASBESTOS-RELATED LIABILITIES. A. Except as further limited in subsection B of this section, the cumulative successor asbestos-related liabilities of an innocent 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 innocent successor corporation […]
§76-106. Establishing fair market value of total gross assets.
ESTABLISHING FAIR MARKET VALUE OF TOTAL GROSS ASSETS. A. An innocent successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 5 of this act through any method reasonable under the circumstances, including: 1. By reference to the going concern value of the assets or […]
§76-107. Adjustment.
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 a merger or consolidation increases annually at a rate equal to the sum of: 1. The prime rate as listed in the first edition of “The Wall Street Journal” […]
§76-108. Scope of act.
SCOPE OF ACT. The courts of this state shall construe the provisions of the Innocent Successor Asbestos-Related Liability Fairness Act liberally with regard to innocent successors. Nothing in this act shall be construed to limit the liability of the transferor, except to the extent the transferor is or becomes a successor. Added by Laws 2013, […]
§76-109. Effective date.
EFFECTIVE DATE. The Innocent Successor Asbestos-Related Liability Fairness Act shall apply to all asbestos claims filed against an innocent successor on or after the effective date of the Innocent Successor Asbestos-Related Liability Fairness Act. The Innocent Successor Asbestos-Related Liability Fairness Act shall also apply to any pending asbestos claims against an innocent successor in which […]
§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 […]