reglab/housing_qa huggingface dataset:
TN Code § 29-34-503 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 5 - Successor Corporation Asbestos-Related Liability Fairness Act|§ 29-34-503. Application of Limitations

  The limitations in § 29-34-504 shall apply to any successor corporation.   The limitations of § 29-34-504 shall not apply to:  Workers' compensation benefits paid by or on behalf of an employer to an employee under title 50, chapter 6, or a comparable workers' compensation law of another jurisdiction;   Any claim against a corporation that does not constitute a successor asbestos-related liability;   Any obligation under the National Labor Relations Act, compiled in 29 U.S.C. § 151 et seq., as amended or under any collective bargaining agreement; or   A successor that, 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.
TN Code § 29-34-504 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 5 - Successor Corporation Asbestos-Related Liability Fairness Act|§ 29-34-504. Limitations on Cumulative Successor Asbestos-Related Liabilities

  Except as otherwise provided in subsection (b), the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation.   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) for purposes of determining the limitation of liability of a successor corporation.
TN Code § 29-34-505 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 5 - Successor Corporation Asbestos-Related Liability Fairness Act|§ 29-34-505. Establishment of Fair Market Value

  A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under § 29-34-504 through generally accepted accounting principles, including:  By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction; or   In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.     For purposes of this section, total gross assets may include any intangible assets.   To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions and limits of such insurance shall not be affected by this section, nor shall this section otherwise affect the rights and obligations of an insurer, transferor or successor under any insurance contract or any related agreements, including, without limitation, preenactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before July 1, 2013, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
TN Code § 29-34-506 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 5 - Successor Corporation Asbestos-Related Liability Fairness Act|§ 29-34-506. Rate of Annual Increase of Fair Market Value

  Except as otherwise provided in this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of:  The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and   One percent (1%).     The rate determined pursuant to subsection (a) shall not be compounded.   The adjustment of the fair market value of total gross assets shall continue as provided in subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.   No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in total gross assets pursuant to § 29-34-505(c).
TN Code § 29-34-507 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 5 - Successor Corporation Asbestos-Related Liability Fairness Act|§ 29-34-507. Liberal Construction of Part — Application of Part

  The courts of this state shall construe this part liberally with regard to successors.   This part shall apply to all asbestos claims filed against a successor on or after July 1, 2013.   This part shall also apply to any pending asbestos claims against a successor in which trial has not commenced as of July 1, 2013, except that any provisions of these sections which would be unconstitutional if applied retroactively shall be applied prospectively.
TN Code § 29-34-601 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 6 - Asbestos Bankruptcy Trust Claims Transparency Act|§ 29-34-601. Short Title

 This part shall be known and may be cited as the “Asbestos Bankruptcy Trust Claims Transparency Act”.
TN Code § 29-34-603 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 6 - Asbestos Bankruptcy Trust Claims Transparency Act|§ 29-34-603. Required Disclosures by Plaintiff

  For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff's behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust. The sworn statement shall be provided no later than one hundred twenty (120) days prior to the date set for trial for the asbestos action. For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement, the statement shall include:  The name, address, and contact information for the asbestos trust;   The amount claimed or to be claimed by the plaintiff;   The date the plaintiff filed the claim;   The disposition of the claim;   Whether there has been a request to defer, delay, suspend, or toll the claim; and   An attestation from the plaintiff, under penalties of perjury, that the sworn statement is complete and is based on a good faith investigation of all potential claims against asbestos trusts.     The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease.   The plaintiff shall supplement the information and materials provided pursuant to this section within ninety (90) days after the plaintiff:  Files an additional asbestos trust claim;   Supplements an existing asbestos trust claim; or   Receives additional information or materials related to any claim or potential claim against an asbestos trust.     Failure by the plaintiff to make available to all parties all trust claims materials as required by this part shall constitute grounds for the court to extend the trial date in an asbestos action.
TN Code § 29-34-604 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 6 - Asbestos Bankruptcy Trust Claims Transparency Act|§ 29-34-604. Discovery

  Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. No claims of privilege apply to any trust claims materials or trust governance documents.   A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.
TN Code § 29-34-605 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 6 - Asbestos Bankruptcy Trust Claims Transparency Act|§ 29-34-605. Stay of Action

  A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under § 29-34-603 within one hundred twenty (120) days prior to the trial date.   If, in the disclosures required by § 29-34-603, a plaintiff identifies a potential asbestos trust claim, the judge shall have the discretion to stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.
TN Code § 29-34-606 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 6 - Asbestos Bankruptcy Trust Claims Transparency Act|§ 29-34-606. Identification of Additional or Alternative Asbestos Trusts by Defendant

  Not less than ninety (90) days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with the plaintiff to discuss why the defendant believes the plaintiff has an additional asbestos trust claim, and thereafter the defendant may move the court for an order to require the plaintiff to file the asbestos trust claim. The defendant shall produce or describe the documentation it possesses or is aware of in support of the motion.   Within ten (10) days of receiving the defendant's motion pursuant to subsection (a), the plaintiff shall, for each asbestos trust claim identified by the defendant, make one (1) of the following responses:  File the asbestos trust claim;   File a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or   File a written response with the court requesting a determination that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.      If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by a defendant, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than thirty (30) days before trial.   If the court determines that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by the asbestos trust.     Not less than thirty (30) days prior to trial in an asbestos action, the court shall enter into the record a trust claims document that identifies each claim the plaintiff has made against an asbestos trust.
TN Code § 29-34-607 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 6 - Asbestos Bankruptcy Trust Claims Transparency Act|§ 29-34-607. Admissible Evidence

  If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.   Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the asbestos action.
TN Code § 29-34-608 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 6 - Asbestos Bankruptcy Trust Claims Transparency Act|§ 29-34-608. Failure to Provide Information — Sanctions

 A plaintiff who fails to provide all of the information required under this part is subject to sanctions as provided in the Tennessee Rules of Civil Procedure and any other relief for the defendant, or defendants, that the court considers just and proper.
TN Code § 29-34-609 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 6 - Asbestos Bankruptcy Trust Claims Transparency Act|§ 29-34-609. Applicability of Part

 This part shall apply to all asbestos actions that are filed on or after July 1, 2016.
TN Code § 29-34-701 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 7 - Asbestos Claims Priorities Act|§ 29-34-701. Short Title

 This part shall be known and may be cited as the “Asbestos Claims Priorities Act”.
TN Code § 29-34-703 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 7 - Asbestos Claims Priorities Act|§ 29-34-703. Medical Report — Evidence Requirements — Class Actions

  A plaintiff in an asbestos action alleging a nonmalignant condition shall file within ninety (90) days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of this part. The report shall not be prepared by a lawyer or person working for or on behalf of a lawyer or law firm.   A defendant in an asbestos action shall be afforded a reasonable opportunity before trial to challenge the adequacy of the prima facie evidence that the exposed person meets the requirements of this part. An asbestos action shall be dismissed without prejudice upon a finding that the exposed person has failed to make the prima facie showing required by this part.   A plaintiff in an asbestos action filed on or after July 1, 2016 shall also include an information form with the complaint for nonmalignant conditions containing all of the following:  The name, address, date of birth, social security number, marital status, occupation, and employer of the exposed person and any person through which the exposed person alleges exposure;   The plaintiff's relationship to the exposed person or the person through which the exposure is alleged;   To the best of the plaintiff's ability, the location and manner of each alleged exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each alleged exposure and the identity of the manufacturer of the specific asbestos product for each exposure when this information is reasonably available;   The identity of the defendant or defendants against whom the plaintiff asserts a claim;   The specific asbestos-related disease claimed to exist; and   Any supporting documentation relating to subdivisions (c)(3)-(5).     Asbestos actions must be individually filed. No asbestos action filed on or after July 1, 2016, shall be permitted on behalf of a group or class of plaintiffs.
TN Code § 29-34-705 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 7 - Asbestos Claims Priorities Act|§ 29-34-705. Requirements for Medical Examinations and Testing

 Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this part, shall:   Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA's Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of the American Thoracic Society that are in effect on the date of any examination or pulmonary function testing of the exposed person required by this part;   Not be obtained or based on testing or examinations that violate any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted, or of this state; and   Not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney or law firm sponsoring the examination, test, or screening.
TN Code § 29-34-706 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 7 - Asbestos Claims Priorities Act|§ 29-34-706. Prima Facie Showing — Discovery — Consolidation of Actions for Trial

  Evidence relating to the prima facie showings required under this part shall not create any presumption that the exposed person has an asbestos-related injury or impairment and shall not be conclusive as to the liability of any defendant.   No evidence shall be offered at trial regarding, and the jury shall not be informed of:  The grant or denial of a motion to dismiss an asbestos action under this part; or   The provisions of this part with respect to what constitutes a prima facie showing of asbestos-related impairment.     Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one (1) of the parties and for good cause shown.    A court may consolidate for trial any number and type of nonmalignant asbestos actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions relating to the exposed person and members of that person's household.   No class action or any other form of mass aggregation relating to more than one (1) exposed person and members of that person's household shall be permitted.   This subsection (d) does not preclude consolidation of cases by court order for pretrial or discovery purposes.
TN Code § 29-34-707 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 7 - Asbestos Claims Priorities Act|§ 29-34-707. Limitations Period

  With respect to an asbestos action not barred by limitations as of July 1, 2016, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date:  The exposed person received a medical diagnosis of an asbestos-related impairment;   The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment; or   The date of death of the exposed person having an asbestos-related impairment.     Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment that was otherwise time-barred on July 1, 2016.   Nothing in this section shall be construed so as to adversely affect, impair, limit, modify, or nullify any settlement or other agreements with respect to an asbestos action entered into prior to July 1, 2016.   An asbestos action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer. Notwithstanding any law of this state to the contrary, no damages shall be awarded for fear or increased risk of future disease in an asbestos action.
TN Code § 29-34-708 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 7 - Asbestos Claims Priorities Act|§ 29-34-708. Qualified Physician for Purposes of Report — Findings Required

   The trial court, in its discretion, may allow a physician who meets the other requirements of this part but does not meet the time and revenue requirements under § 29-34-702(24)(B) to be considered a qualified physician and submit a report required by this part if the trial court makes an evidentiary finding, after all parties have had a reasonable opportunity to present evidence, that it would be manifestly unjust not to allow the physician at issue to submit the report.   For subsection (a) to apply, the trial court also must make specific and detailed findings, setting forth the bases of such findings, that the physician's opinions appear to be reliable medical opinions in that they are supported by documented, reliable medical evidence obtained through testing or examinations that comply with and do not violate any applicable law, regulation, licensing requirement, or medical code of practice and that the opinions are not the product of bias or the result of financial influence due to the physician's role as a paid expert.   The cost of retaining another physician who is qualified pursuant to § 29-34-702(24)(B) for the purpose of submitting a report required by this part shall not be considered in determining manifest injustice, but the availability or unavailability of other physicians who meet such time and revenue requirements shall be considered as a relevant factor.     A physician who submits a report under this part may be an expert witness retained by counsel for the exposed person or claimant; provided, that the physician otherwise meets the requirements of this part, § 24-7-115, and the Tennessee Rules of Evidence governing the qualifications of expert witnesses.
TN Code § 29-34-709 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 34 - Torts|Part 7 - Asbestos Claims Priorities Act|§ 29-34-709. Applicability of Part

 This part shall apply to all asbestos actions that are filed on or after July 1, 2016.
TN Code § 30-1-101 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 1 - Executors and Administrators|Part 1 - General Provisions|§ 30-1-101. Letters Testamentary or of Administration Required

 No person shall presume to enter upon the administration of any deceased person's estate until the person has obtained letters of administration or letters testamentary.   Code 1858, § 2201 (deriv. Acts 1715, ch. 48, § 4); Shan., § 3933; Code 1932, § 8143; T.C.A. (orig. ed.), § 30-101.