Ohio Code 2307.951 – Definitions for RC sections 2307.952 to 2307.954
As used in this section and sections 2307.952 to 2307.954 of the Revised Code:
Terms Used In Ohio Code 2307.951
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes all the states. See Ohio Code 1.59
(A) “Asbestos,” “asbestos claim,” and “tort action” have the same meanings as in section 2307.91 of the Revised Code.
(B) “Asbestos tort action” means a tort action based on an asbestos claim.
(C) Except as otherwise provided in division (E) of section 2307.954 of the Revised Code, “asbestos trust” means and encompasses all trust entities, claims agents, or claims processing facilities that are created pursuant to the jurisdiction of a United States bankruptcy court and section 524(g) of Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. 524(g), or other applicable provision of law, that are formed for the purpose of compensating claimants asserting eligible asbestos claims, and that are in existence on the date initially set for trial in the asbestos tort action.
(D) “Asbestos trust claim” means any claim for compensation by an exposed person or the exposed person’s representative against any asbestos trust.
(E) “Cancer” means a malignant condition.
(F) “Claimant” means any person asserting an asbestos claim or asbestos trust claim. “Claimant” includes a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff.
(G) “Exposed person” means any person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos claim.
(H) “Noncancer” means a nonmalignant condition.
(I) “Proof of claim” means any form of documentation that a potential claimant against an asbestos trust submits or provides to the asbestos trust that attests to or asserts the existence of any liquidated or unliquidated asbestos claim that the claimant may have against the asbestos trust or its predecessors under any theory of law.
(J) “Trust claims material” means documents constituting an asbestos trust claim, including, but not limited to, claim forms, proofs of claim, and informational material required by an asbestos trust to be submitted by a claimant in order to have the claim evaluated by the asbestos trust and relied upon by the asbestos trust in making its compensation determination.