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MI HB4601

Bill

Status

Passed

4/17/2012

Primary Sponsor

Sharon Tyler

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Origin

House of Representatives

96th Legislature

AI Summary

  • Limits successor corporation liability for asbestos-related claims to the fair market value of the transferor's total gross assets at the time of merger or consolidation, adjusted annually by 1% plus the adjusted prime rate.

  • Applies to corporations that became successors before January 1, 1972 or are successors to such corporations, with the limitation lasting until cumulative paid liabilities exceed the adjusted asset value.

  • Excludes from liability limitations workers' compensation claims, non-successor liabilities, collective bargaining obligations, and successors that continued the asbestos business after merger.

  • Permits fair market value determination through going concern value, arm's-length purchase prices, intangible assets, or balance sheet values, and includes liability insurance coverage in the asset calculation.

  • Effective immediately upon enactment on April 11, 2012, applying to asbestos actions filed after that date or pending actions not yet at trial.

Legislative Description

Torts; product liability; liability of successor corporation for asbestos claims; enact limits. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding ch. 30.

Civil procedure, defenses

Last Action

Assigned Pa 84'12 With Immediate Effect

4/17/2012

Committee Referrals

Judiciary5/3/2011

Full Bill Text

No bill text available