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NC H415

Bill

Status

Introduced

3/21/2013

Primary Sponsor

Jacqueline Schaffer

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Establishes a cap on asbestos-related liability for successor corporations at the fair market value of total gross assets of the transferor corporation at the time of merger or consolidation.

  • Defines "successor" as a corporation that assumed asbestos liabilities through merger, consolidation, bankruptcy, or similar legal proceedings before January 1, 1972, and includes that successor's successors.

  • Allows fair market value to be established through going concern value, purchase price in arms-length transactions, or balance sheet values, and permits annual adjustments based on prime rate plus 1% until cumulative liabilities exceed the adjusted value.

  • Excludes workers' compensation benefits, obligations under the National Labor Relations Act, collective bargaining agreements, and successors that continued the asbestos business from the liability limitations.

  • Applies to all asbestos claims filed after the effective date (July 1, 2013) and pending claims where trial has not commenced, with prospective application for any retroactively unconstitutional provisions.

Legislative Description

Limit Successor Asbestos-Related Liability

Last Action

Assigned To Judiciary Subcommittee A

4/11/2013

Committee Referrals

Judiciary3/25/2013

Full Bill Text

No bill text available