Arkansas Legal Resource Navigator

16-120-604. Limit on successor asbestos-related liabilities. [Effective January 1, 2020.]

Arkansas Code — all titles (historical 2020) · legal_authorities

16-120-604. Limit on successor asbestos-related liabilities. [Effective January 1, 2020.]

16-120-604. Limit on successor asbestos-related liabilities. [Effective January 1, 2020.] (a) A successor is not liable for any asbestos claim when the successor's cumulative successor asbestos-related liabilities exceed the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. (b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) of this section. (c) A successor does not have immunity under this section with respect to: (1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, § 11-9-101 et seq., or a comparable workers' compensation law of another jurisdiction; (2) A claim that does not constitute a successor asbestos-related liability; (3) An obligation under the National Labor Relations Act, 29 U.S.C. § 151 et seq., as it existed on January 1, 2015, or under any collective bargaining agreement; or (4) If the successor, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-120-604

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:16-120-604
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d91d4224aced2ca567e8e48c16e51cfdacb045905f4fbd9fa79ceac85bb70b93

Source location: content.xml paragraph 49029

Stored source content

16-120-604. Limit on successor asbestos-related liabilities. [Effective January 1, 2020.] (a) A successor is not liable for any asbestos claim when the successor's cumulative successor asbestos-related liabilities exceed the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. (b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) of this section. (c) A successor does not have immunity under this section with respect to: (1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, § 11-9-101 et seq., or a comparable workers' compensation law of another jurisdiction; (2) A claim that does not constitute a successor asbestos-related liability; (3) An obligation under the National Labor Relations Act, 29 U.S.C. § 151 et seq., as it existed on January 1, 2015, or under any collective bargaining agreement; or (4) If the successor, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 151 — Findings and declaration of policy

The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 151

Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 151. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 151 — Findings and declaration of policy

Page 36 TITLE 29—LABOR § 142 procurements; grants and other direct or indirect Fed- eral investments; tax and trade administration and en- forcement; administration and enforcement of labor, employment, and other relevant laws; property man- agement; and human resources management and labor relations. (b) ‘‘Worker organizing and collective bargaining’’ encompasses the private sector, State and local govern- ments, and the Federal Government. It also includes those sectors of the economy and those workers who have not historically been able to unionize, or whose ability to effectively collectively bargain or organize has been undermined. (c) the term ‘‘agency’’ refers to all agencies described in section 3502(1) of title 44, United States Code, except for the agencies described in section 3502(5) of title 44. SEC. 4. Revocations. (a) Executive Order 13845 of July 19, 2018 (Establishing the President’s National Council for the American Worker) [former 29 U.S.C. 3101 note], and Executive Order 13931 of June 26, 2020 (Continuing the President’s National Council for the American Worker and the American Workforce Policy Advisory Board) [former 29 U.S.C. 3101 note], are revoked. (b) The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly consider taking steps to re- scind any orders, rules, regulations, guidelines, or poli- cies, or portions thereof, implementing or enforcing Executive Order 13845 or Executive Order 13931, as ap- propriate and consistent with applicable law, including the Administrative Procedure Act (5 U.S.C. 551 et seq.). In addition, they shall abolish any personnel positions, committees, task forces, or other entities established pursuant to Executive Order 13845 or Ex

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 151

Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 151. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

11-9-101. Title — Purpose.

11-9-101. Title — Purpose. (a) This chapter shall be cited as the “Workers' Compensation Law”. (b) The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to all legitimately injured workers who suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force; to improve workplace safety through safety programs; to improve health care delivery through use of managed care concepts; to encourage the return to work of injured workers; to deter and punish frauds of agents, brokers, solicitors, employers, and employees relating to procurement of workers' compensation coverage or the provision or denial of benefits; to curtail the rise in medical costs associated with the provision of workers' compensation benefits; and to emphasize that the workers' compensation system in this state must be returned to a state of economic viability.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-101

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-9-101. This identifies an authority to review, not proof of applicability.