Section 2009 – Failure to provide information — Sanctions.
Effective 5/10/2016 78B-6-2009. Failure to provide information — Sanctions. A plaintiff who fails to provide all of the information required under this part is subject to sanctions as provided in the Utah Rules of Civil Procedure and any other relief for the defendants that the court considers just and proper. Enacted by Chapter 385, 2016 […]
Section 2010 – Application.
Effective 5/10/2016 78B-6-2010. Application. This part applies to asbestos actions filed on or after May 10, 2016. Enacted by Chapter 385, 2016 General Session
Section 2100 – Title.
Effective 5/9/2017 78B-6-2100. Title. This part is known as “Cause of Action for Minors Injured by Pornographic Material.” Enacted by Chapter 464, 2017 General Session
Section 2101 – Definitions.
Effective 5/9/2017 78B-6-2101. Definitions. As used in this part: (1) “Minor” means an individual less than 18 years of age. (2) “Pornographic material” means material that: (a) the average person, applying contemporary community standards, finds that, taken as a whole, appeals to prurient interest in sex; (b) is patently offensive in the description or depiction […]
Section 2102 – Exemptions.
Effective 5/9/2017 78B-6-2102. Exemptions. (1) If the conditions of Subsection (2) are met, this part does not apply to: (a) the following, as defined in the Communications Act of 1934, as amended: (i) an interactive computer service; (ii) a telecommunications service, information service, or mobile service, including a commercial mobile service; or (iii) a multichannel […]
Section 2103 – Liability — Safe harbor.
Effective 5/12/2020 78B-6-2103. Liability — Safe harbor. (1) A person who is not exempt under Section 78B-6-2102, and who predominately distributes or otherwise predominately provides pornographic material to consumers is liable to a person if: (a) at the time the pornographic material is viewed by the person, the person is a minor; and (b) the […]
Section 2104 – Damages — Class action.
Effective 5/12/2020 78B-6-2104. Damages — Class action. (1) If a court finds that a person is violating Section 78B-6-2103, the court may award the plaintiff: (a) actual damages; and (b) punitive damages, if it is proven that the person targeted minors. (2) A class action may be brought under this part in accordance with Utah […]
Section 2006 – Scheduling trial — Stay of action.
Effective 5/10/2016 78B-6-2006. Scheduling trial — Stay of action. (1) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under Section 78B-6-2004 within 120 days prior to the trial date. (2) If, in the disclosures required by Section 78B-6-2004, a plaintiff identifies a […]
Section 2007 – Identification of additional or alternative asbestos trusts by defendant.
Effective 5/10/2016 78B-6-2007. Identification of additional or alternative asbestos trusts by defendant. (1) Not less than 90 days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with plaintiff to discuss why defendant […]
Section 2008 – Valuation of asbestos trust claims.
Effective 5/10/2016 78B-6-2008. Valuation of asbestos trust claims. If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence. Enacted by Chapter 385, 2016 General Session