reglab/housing_qa huggingface dataset:
76 OK Stat § 76-82 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-82. Definitions.

|As used in the Personal Injury Trust Fund Transparency Act: |1. "Personal injury claim" means any claim for damages, loss, indemnification, contribution, restitution or other relief, including punitive damages, that is related to bodily injury or another harm, including loss of consortium, society, or companionship, loss of support, personal injury or death, mental or emotional injury, risk or fear of disease or other injury, or costs of medical monitoring or surveillance. "Personal injury claim" includes a claim made by or on behalf of the person who claims the injury or harm or by or on behalf of the person's representative, spouse, parent, minor child, or other relative. "Personal injury claim" does not include a claim for compensatory benefits pursuant to crime victim's compensation, workers’ compensation or veteran's benefits;2. "Personal injury trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of a federal or state administrative or legal action, a court-approved bankruptcy, or pursuant to 11 USC 524(g) or 49 USC 40101, that is intended to provide compensation to claimants alleging personal injury claims as a result of harm, also potentially compensable in the immediate tort action, for which the entity creating the trust, compensation fund, or claims facility is alleged to be responsible;3. "Trust claims materials" means all documents and information relevant or related to a pending or potential claim against a personal injury trust. "Trust claims materials" include, but are not limited to, claims forms and supplementary materials, affidavits, depositions and trial testimony, work history, and medical and health records; and4. "Trust governance document" means any document that determines eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for a personal injury trust.Added by Laws 2013, c. 215, § 2, eff. Nov. 1, 2013.
76 OK Stat § 76-83 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-83. Required disclosures by plaintiff.

|REQUIRED DISCLOSURES BY PLAINTIFF. |A. Within ninety (90) days after an action for a personal injury or other tort is filed, the plaintiff, without awaiting a discovery request, shall provide to all parties a statement identifying all personal injury claims the plaintiff has or anticipates filing against a personal injury trust, and for each claim, whether there has been a request to defer, delay, suspend or toll the claim against the personal injury trust. The statement shall include an attestation that the plaintiff swears or affirms, under penalties of perjury, that the statement is complete and is based on the plaintiff's and plaintiff's attorney's good-faith investigation of all potential claims against personal injury trusts.B. The plaintiff shall produce to all parties, for each personal injury claim he or she filed against a personal injury trust identified in subsection A of this section, a final executed proof of claim and all other trust claims materials relevant to each claim.C. The plaintiff shall supplement the information and materials he or she provided under this section within thirty (30) days after the plaintiff files an additional claim, supplements an existing claim or receives additional information or materials.Added by Laws 2013, c. 215, § 3, eff. Nov. 1, 2013.
76 OK Stat § 76-84 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-84. Discovery - Use of materials.

|DISCOVERY; USE OF MATERIALS. |A. Trust claims materials and trust governance documents shall be presumed to be relevant and authentic, subject to the Rules of Evidence governing admissibility. Any party may present trust claims materials to prove alternative causation for a plaintiff's injuries or to allocate liability for the plaintiff's injury. No claims of privilege may apply to trust claims materials or trust governance documents.B. A defendant in a personal injury claim may seek discovery against a personal injury trust identified under Section 3 of this act. The plaintiff may not claim privilege or confidentiality to bar discovery under this subsection and shall provide consent or other expression of permission that may be required by the personal injury trust to release information and materials sought by the defendant.Added by Laws 2013, c. 215, § 4, eff. Nov. 1, 2013.
76 OK Stat § 76-85 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-85. Scheduling trial - Stay of action.

|SCHEDULING TRIAL; STAY OF ACTION. |A. The trial date in a personal injury action in this state shall be no earlier than one hundred eighty (180) days after the plaintiff makes the disclosures required under subsections A and B of Section 3 of this act.B. If a plaintiff states under Section 3 of this act that he or she anticipates a claim against a personal injury trust, all proceedings shall be stayed until the plaintiff files such trust claims and provides to all parties a final executed proof of claim and all other trust claims materials relevant to each claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the personal injury trust.Added by Laws 2013, c. 215, § 5, eff. Nov. 1, 2013.
76 OK Stat § 76-87 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-87. Valuation of personal injury trust claims - Judicial notice.

|VALUATION OF PERSONAL INJURY TRUST CLAIMS; JUDICIAL NOTICE. |If a plaintiff proceeds to trial under this section before one of more of his or her personal injury trust claims is resolved, there is a rebuttable presumption that the plaintiff is entitled to, and will receive, the liquidated value specified in the trust governance document applicable to his or her claim at the time of trial. The court may take judicial notice that the trust governance document specifies compensation amounts and payment percentages and shall establish an attributed value to the plaintiff's personal injury trust claim.Added by Laws 2013, c. 215, § 7, eff. Nov. 1, 2013.
76 OK Stat § 76-88 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-88. Setoffs - Credits.

|SETOFFS; CREDIT. |In any personal injury claim for which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under Section 7 of this act and any amount the plaintiff has been awarded from a personal injury trust claim identified in subsection F of Section 6 of this act. If multiple defendants are found liable for damages, the court shall distribute the amount of setoff or credit proportionally, according to the liability of each defendant.Added by Laws 2013, c. 215, § 8, eff. Nov. 1, 2013.
76 OK Stat § 76-89 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-89. Failure to provide information - Sanctions.

|FAILURE TO PROVIDE INFORMATION; SANCTIONS. |A plaintiff who fails to provide all of the information required under Section 3, subsection B of Section 4 or subsection D of Section 6 of this act is subject to sanctions as provided in Sections 2011 and 3237 of Title 12 of the Oklahoma Statutes.Added by Laws 2013, c. 215, § 9, eff. Nov. 1, 2013.
76 OK Stat § 76-90 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-90. Short title - Asbestos and Silica Claims Priorities Act.

|This act shall be known and may be cited as the "Asbestos and Silica Claims Priorities Act". |Added by Laws 2013, 1st Ex.Sess., c. 21, § 2, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 60, which was derived from Laws 2009, c. 228, § 54, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-91 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-91. Legislative findings.

|A. FINDINGS. The Legislature finds that: |1. Asbestos is a mineral that was widely used prior to the 1980s for insulation, fire-proofing, and other purposes;2. Millions of American workers and others were exposed to asbestos, especially during and after World War II, prior to the advent of regulation by the United States Occupational Safety and Health Administration in the early 1970s;3. Exposure to asbestos is associated with various types of cancer, including mesothelioma, as well as nonmalignant conditions such as asbestosis and diffuse pleural thickening;4. Diseases caused by asbestos exposure often have long latency periods;5. While the cases currently filed in Oklahoma are manageable by the courts and the litigants, it is proper for the Legislature to support and protect the courts of this state from the potential of massive litigation expense and the crowding of trial dockets;6. Silica is a naturally occurring mineral and is the second most common constituent of the earth's crust. Crystalline silica in the form of quartz is present in sand, gravel, soil, and rocks;7. Silica-related illnesses, including silicosis, can develop from the inhalation of respirable silica dust. Silicosis was widely recognized as an occupational disease many years ago;8. Concerns about statutes of limitations may prompt unimpaired asbestos and silica claimants to bring lawsuits to protect their ability to recover for their potentially progressive occupational disease; and9. Several states, including Texas, Georgia, Ohio, and Florida have enacted legislation setting medical criteria governing asbestos and silica cases and tolling statutes of limitations and requiring persons alleging nonmalignant disease claims to demonstrate physical impairment as a prerequisite to setting such cases for trial.B. The purpose of this chapter is to:1. Provide a procedural remedy allowing efficient judicial supervision and control of asbestos and silica litigation by giving priority for the purposes of trial and resolution to asbestos and silica claimants with demonstrable physical impairment caused by exposure to asbestos or silica; and2. Preserve the legal rights of claimants who were exposed to asbestos or silica, but have no physical impairment from asbestos or silica exposure, until such time as the claimant can demonstrate physical impairment.Added by Laws 2013, 1st Ex.Sess., c. 21, § 3, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 61, which was derived from Laws 2009, c. 228, § 55, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-93 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-93. Pulmonary function testing - Interpretation.

|Pulmonary function testing required by this act must be interpreted by a physician who is: |1. Licensed in this state or another state of the United States; and2. Board-certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical report.Added by Laws 2013, 1st Ex.Sess., c. 21, § 5, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 63, which was derived from Laws 2009, c. 228, § 57, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-96 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-96. Service of report on all defendants - Trial docket - Interpretation.

|A. In order to have an asbestos or silica claim placed on any active trial docket in this state, or brought to trial in this state, or conduct discovery in an asbestos or silica claim in this state, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appears, a report prescribed by this act. |B. In an action pending on the effective date of this act, the case shall not be allowed to be called for or proceed to trial until ninety (90) days after a report has been served on each defendant.C. This act shall not be interpreted to create, alter, or eliminate a legal cause of action for any asbestos- and/or silica-related claimant who has been diagnosed with any asbestos- and/or silica-related disease. The act sets the procedure by which the courts in this state shall manage trial settings for all asbestos- and/or silica-related claims.Added by Laws 2013, 1st Ex.Sess., c. 21, § 8, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 66, which was derived from Laws 2009, c. 228, § 60, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-97 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-97. Filing of written report and supporting test results of prima facie showing - Expediting mesothelioma claims.

|A. In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pursuant to this act. In an action where the claimant either fails to provide such prima facie evidence or provides inadequate prima facie evidence, the defendant may, without waiving any defenses otherwise available to him, file within the time allotted for his Answer, a Notice of Appearance rather than an Answer to the Complaint. The claimant shall, within ninety (90) days of receipt of such Answer or Notice of Appearance, provide such prima facie evidence as is called for by the provisions of this act. The defendant in any case shall then be afforded a reasonable opportunity to challenge the adequacy of the proffered prima facie evidence of asbestos-related or silica-related impairment as referenced in this section and subsection A of Section 8 of this act. Upon a finding of failure to make the required prima facie showing, the claimant's action shall not be placed on any trial docket nor be the subject of any discovery other than discovery on the issue of prima facie evidence of impairment. Upon the finding of the required prima facie showing, no defendant shall be allowed to challenge such prima facie showing absent a showing of misrepresentation, fraud, and/or good cause. |B. In any action covered by the provisions of this act in which the exposed person has received a diagnosis of mesothelioma which meets the requirements of paragraph 1 of subsection A of Section 6 of this act, the claimant may petition the court requesting that a trial date be set on an expedited basis. The court may, in its discretion, provide for an expedited trial setting, if the claimant demonstrates good cause for such an expedited trial setting and the defendant(s) is/are not prejudiced by such an expedited trial setting. In no event shall a trial date be set less than one hundred twenty (120) days from the date of an order granting such a motion and in no event shall a case be called for trial unless six (6) months have passed between the date of the initial filing of the case and the date of trial.Added by Laws 2013, 1st Ex.Sess., c. 21, § 9, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 67, which was derived from Laws 2009, c. 228, § 61, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-98 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-98. Effect of act in bankruptcy cases.

|Nothing in this act is intended to, and nothing in this act shall be interpreted to: |1. Affect the rights of any party in bankruptcy proceedings; or2. Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established under a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.Added by Laws 2013, 1st Ex.Sess., c. 21, § 10, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 68, which was derived from Laws 2009, c. 228, § 62, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-99 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-99. Restriction on adverse actions in regard to health benefit plans, annuities, or life insurance, as a result of meeting this act's procedural requirements.

|An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the procedural requirements of this act to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect the person's eligibility for or coverage under the policy or contract. |Added by Laws 2013, 1st Ex.Sess., c. 21, § 11, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 69, which was derived from Laws 2009, c. 228, § 63, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-100 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-100. Beginning of limitations period - Separate claims for nonmalignant conditions and cancer.

|A. Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person or claimant is physically impaired as set forth in this chapter by an asbestos- or silica-related condition. |B. An asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of asbestos- or silica-related cancer, and resolution of an asbestos or silica claim arising out of a nonmalignant condition shall not affect the ability of the same exposed person to bring a separate asbestos or silica claim arising out of an asbestos- or silica-related cancer, that otherwise meets all the requirements of Sections 6 or 7 of this act.Added by Laws 2013, 1st Ex.Sess., c. 21, § 12, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 70, which was derived from Laws 2009, c. 228, § 64, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-100.1 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-100.1. Applicability of act.

|EFFECTIVE DATE. The Asbestos and Silica Claims Priorities Act shall apply to all asbestos or silica claims filed on or after the effective date of this act. The Asbestos and Silica Claims Priorities Act shall also apply to any pending asbestos or silica claims in which trial has not commenced by the effective date of this act, except that any provisions of these sections which would be unconstitutional if applied retroactively shall be applied prospectively. |Added by Laws 2013, 1st Ex.Sess., c. 21, § 13, emerg. eff. Sept. 10, 2013.NOTE: Editorially renumbered from Title 76, § 101 to avoid a duplication in numbering.NOTE: Text formerly resided under repealed Title 76, § 71, which was derived from Laws 2009, c. 228, § 65, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-101 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-101. Severe weather shelter - Immunity from suit.

|Any entity or individual that provides access to a safe place in times of severe weather shall not be liable for any civil damages to any person using the safe place during severe weather if the entity or individual was acting in good faith and the damage or injury was not caused by the willful or wanton negligence or misconduct of the entity or individual. |As used in this section:1. "Safe place" means any property, dwelling, shelter or other structure that can be reasonably considered protection from severe weather; and2. "Severe weather" includes but is not limited to tornadoes, high winds and floods.Added by Laws 2012, c. 181, § 1, emerg. eff. May 4, 2012.
76 OK Stat § 76-102 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-102. Short title - Innocent Successor Asbestos-Related Liability Fairness Act.

|SHORT TITLE. This act shall be known and may be cited as the "Innocent Successor Asbestos-Related Liability Fairness Act". |Added by Laws 2013, 1st Ex.Sess., c. 22, § 2, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 72, which was derived from Laws 2009, c. 228, § 66, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-104 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-104. Applicability.

|APPLICABILITY. A. The limitations in Section 5 of this act shall apply to any innocent successor corporation. |B. The limitations in Section 5 of this act shall not apply to:1. Workers' compensation benefits paid by or on behalf of an employer to an employee under this state's Workers' Compensation Act or a comparable workers' compensation law of another jurisdiction;2. Any claim against a corporation that does not constitute a successor asbestos-related liability; or3. Any obligations under the National Labor Relations Act, 29 U.S.C., Section 151 et seq., as amended, or under any collective bargaining agreement.Added by Laws 2013, 1st Ex.Sess., c. 22, § 4, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 74, which was derived from Laws 2009, c. 228, § 68, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-105 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-105. Limitations on successor asbestos-related liabilities.

|LIMITATIONS ON SUCCESSOR ASBESTOS-RELATED LIABILITIES. A. Except as further limited in subsection B of this section, the cumulative successor asbestos-related liabilities of an innocent 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 innocent successor corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation. |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 such earlier merger or consolidation, shall be substituted for the limitation set forth in subsection A of this section for purposes of determining the limitation of liability of an innocent successor corporation.Added by Laws 2013, 1st Ex.Sess., c. 22, § 5, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 75, which was derived from Laws 2009, c. 228, § 69, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).