Utah Code 78B-4-603. Applicability
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(1) The limitations in Section 78B-4-604 apply to a successor.
Terms Used In Utah Code 78B-4-603
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Successor: means a corporation that:(3)(a)(3)(a)(i) assumes or incurs or has assumed or incurred successor asbestos-related liability;(3)(a)(ii) is the successor corporation after a merger or consolidation; and(3)(a)(iii) became a successor before January 1, 1972; or(3)(b) is a successor corporation of a corporation described in Subsection
(3)(a) . See Utah Code 78B-4-602- Successor asbestos-related liability: includes liability that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section
78B-4-605 , was or is paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with a settlement, judgment, or other discharge in this state or another jurisdiction. See Utah Code 78B-4-602- Transferor: means a corporation from which successor asbestos-related liability is or was assumed or incurred. See Utah Code 78B-4-602
(2) The limitations in Section78B-4-604 do not apply to:(2)(a) workers’ compensation benefits paid by or on behalf of an employer to an employee underTitle 34A, Chapter 2, Workers’ Compensation Act , andTitle 34A, Chapter 3, Utah Occupational Disease Act , or a comparable workers’ compensation law of another jurisdiction;(2)(b) a claim against a corporation that does not constitute a successor asbestos-related liability;(2)(c) an obligation under the National Labor Relations Act, 29 U.S.C. § 151, et seq., as amended, or under a collective bargaining agreement; or(2)(d) a successor that, after a merger or consolidation, continued in the business of:(2)(d)(i) mining asbestos;(2)(d)(ii) selling or distributing asbestos fibers; or(2)(d)(iii) manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor. - Successor asbestos-related liability: includes liability that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section
