Section 8389 – Judgment and remedies
§ 8389. Judgment and remedies. (a) Burden of proof.–The plaintiff must establish that a drug-related nuisance exists by a preponderance of the evidence. (b) Relief.–If the existence of a drug-related nuisance is found, the judgment may include actual damages and a temporary or permanent injunction to restrain, abate and prevent the continuance or recurrence of […]
Section 8390 – Violation of injunctions or abatement order
§ 8390. Violation of injunctions or abatement order. (a) Contempt.–A violation of any court order issued under this subchapter is punishable as a contempt of court by a fine of not less than $500 nor more than $75,000. The court may order the sheriff or other proper officer of any county to take into custody […]
Section 8391 – Release and cancellation
§ 8391. Release and cancellation. (a) No knowledge and abatement.–The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he had no knowledge of the drug-related nuisance and could not reasonably be expected to have such knowledge and the owner […]
Section 8368.3 – Liability
§ 8368.3. Liability. (a) Limitation.–Except as provided under subsection (c), the cumulative successor asbestos-related liability of a successor business entity shall be limited to the fair market value of the total gross assets of the transferor as of the time of the merger or consolidation with the successor business entity. (b) Responsibility.–A successor business entity […]
Section 8392 – Severability
§ 8392. Severability. If any provision of this subchapter or its application to any person or circumstance is held invalid or unenforceable, the remainder of this subchapter or the application of the provision to other persons or circumstances shall not be affected.
Section 8368.4 – Fair market value
§ 8368.4. Fair market value. (a) Establishment.–A successor business entity may establish the fair market value of total gross assets of the transferor as of the time of the merger or consolidation by any reasonable method under the circumstances, including the following: (1) By reference to the going-concern value of the assets or to the […]
Section 8368.5 – Adjustment of fair market value
§ 8368.5. Adjustment of fair market value. (a) Annual increase.–Except as provided under subsection (c), the fair market value of total gross assets of a transferor as determined under section 8368.4 (relating to fair market value) shall increase annually until the earlier of: (1) The date of the settlement, judgment or other discharge to which […]
Section 8368.6 – Applicability and construction
§ 8368.6. Applicability and construction. (a) Applicability.–This subchapter shall not apply to any of the following: (1) An asbestos claim for which the applicable period of limitation commenced on or before the effective date of this section. (2) Workers’ compensation benefits paid to an employee under the act of June 2, 1915 (P.L.736, No.338), known […]
Section 8371 – Actions on insurance policies
§ 8371. Actions on insurance policies. In an action arising under an insurance policy, if the court finds that the insurer has acted in bad faith toward the insured, the court may take all of the following actions: (1) Award interest on the amount of the claim from the date the claim was made by […]
Section 8381 – Short title of subchapter
§ 8381. Short title of subchapter. This subchapter shall be known and may be cited as the Drug Nuisance Law.