Section 1903 – Prohibition against distribution of demand letters containing bad faith assertions of patent infringement.
Effective 5/13/2014 78B-6-1903. Prohibition against distribution of demand letters containing bad faith assertions of patent infringement. (1) A sponsor may not distribute a demand letter to a target that includes a bad faith assertion of patent infringement. (2) A court may consider the following factors as evidence in determining whether a sponsor has or has […]
Section 1904 – Action — Enforcement — Remedies — Damages.
Effective 5/10/2016 78B-6-1904. Action — Enforcement — Remedies — Damages. (1) A target who has received a demand letter asserting patent infringement in bad faith, or a person aggrieved by a violation of this part, may bring an action in district court. The court may award the following remedies to a target who prevails in […]
Section 1905 – Bond.
Effective 5/13/2014 78B-6-1905. Bond. (1) Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a sponsor has made a bad faith assertion of patent infringement in a demand letter in violation of this part, the court shall require the sponsor to post a bond […]
Section 2001 – Title.
Effective 5/10/2016 78B-6-2001. Title. This part is referred to as the “Asbestos Bankruptcy Trust Claims Transparency Act.” Enacted by Chapter 385, 2016 General Session
Section 2002 – Legislative findings — Purpose.
Effective 5/10/2016 78B-6-2002. Legislative findings — Purpose. (1) The Legislature finds that: (a) approximately 100 employers have declared bankruptcy at least partially due to asbestos-related liability; (b) these bankruptcies have resulted in a search for more solvent companies by claimants, resulting in over 10,000 companies being named as asbestos defendants, including many small- and medium-sized […]
Section 2003 – Definitions.
Effective 5/8/2018 78B-6-2003. Definitions. As used in this part: (1) “Asbestos” means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C.F.R. Sec. 1910 at the time the […]
Section 2004 – Required disclosures by plaintiff.
Effective 5/10/2016 78B-6-2004. Required disclosures by plaintiff. (1) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff’s behalf, including claims with respect to asbestos-related conditions other than those […]
Section 2005 – Discovery — Use of materials.
Effective 5/10/2016 78B-6-2005. Discovery — Use of materials. (1) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. Claims of privilege may not apply to any trust claims materials or trust governance documents. (2) A defendant in an asbestos action may seek discovery from an […]
Section 1901 – Title — Purpose.
Effective 5/13/2014 78B-6-1901. Title — Purpose. (1) This part is known as the “Distribution of Bad Faith Patent Infringement Letters Act.” (2) The Legislature acknowledges that it is preempted from passing any law that conflicts with federal patent law. However, this part seeks to protect Utah businesses from the use of demand letters containing abusive […]
Section 1603 – Citation — Civil penalty.
78B-6-1603. Citation — Civil penalty. (1) An individual may not knowingly conduct, aid, or allow an underage drinking gathering. (2) A law enforcement officer may issue a written citation to an individual who violates Subsection (1). (3) An individual issued a citation under this section is subject to a civil penalty equal to the sum […]