reglab/housing_qa huggingface dataset:
KS Stat § 60-3307 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3307 Inadmissible evidence.

60-3307. Inadmissible evidence. (a) In a product liability claim, the following evidence shall not be admissible for any purpose:(1) Evidence of any advancements or changes in technical or other knowledge or techniques, in design theory or philosophy, in manufacturing or testing knowledge, techniques or processes in labeling, warning of risks or hazards, instructions for the use of such product, if such advancements or changes have been made, learned or placed into common use subsequent to the time the product in issue was designed, formulated, tested, manufactured or sold by the manufacturer; and(2) evidence of any changes made in the designing, planning, formulating, testing, preparing, manufacturing, packaging, warnings, labeling or instructing for use of, or with regard to, the product in issue, or any similar product, which changes were made subsequent to the time the product in issue was designed, formulated, tested, manufactured or sold by the manufacturer.(b) This section does not require the exclusion of evidence of a subsequent measure if offered to impeach a witness for the manufacturer or seller of a product who has expressly denied the feasibility of such a measure.History: L. 1986, ch. 214, § 1; July 1.
KS Stat § 60-3320 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3320 Definitions.

60-3320. Definitions. As used in this act, unless the context requires otherwise:(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.(2) "Misappropriation" means:(i) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or(ii) disclosure or use of a trade secret of another without express or implied consent by a person who(A) used improper means to acquire knowledge of the trade secret; or(B) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was(I) derived from or through a person who had utilized improper means to acquire it;(II) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or(III) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or(C) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.History: L. 1981, ch. 214, § 1; July 1.
KS Stat § 60-3321 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3321 Misappropriation of trade secret; injunctive or other protective relief.

60-3321. Misappropriation of trade secret; injunctive or other protective relief. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.History: L. 1981, ch. 214, § 2; L. 1988, ch. 221, § 1; July 1.
KS Stat § 60-3322 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3322 Same; damages.

60-3322. Same; damages. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.(b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).History: L. 1981, ch. 214, § 3; L. 1988, ch. 221, § 2; July 1.
KS Stat § 60-3323 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3323 Award of attorney fees, when.

60-3323. Award of attorney fees, when. If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.History: L. 1981, ch. 214, § 4; July 1.
KS Stat § 60-3324 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3324 Preservation of trade secret during action.

60-3324. Preservation of trade secret during action. In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.History: L. 1981, ch. 214, § 5; July 1.
KS Stat § 60-3325 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3325 Time limit for bringing action.

60-3325. Time limit for bringing action. An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.History: L. 1981, ch. 214, § 6; July 1.
KS Stat § 60-3326 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3326 Application of act.

60-3326. Application of act. (a) Except as provided in subsection (b), this act displaces conflicting tort, restitutionary and other law of this state providing civil remedies for misappropriation of a trade secret.(b) This act does not affect:(1) Contractual remedies, whether or not based upon misappropriation of a trade secret;(2) other civil remedies that are not based upon misappropriation of a trade secret; or(3) criminal remedies, whether or not based upon misappropriation of a trade secret.History: L. 1981, ch. 214, § 7; L. 1988, ch. 221, § 3; July 1.
KS Stat § 60-3327 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3327 Uniformity of act.

60-3327. Uniformity of act. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.History: L. 1981, ch. 214, § 8; July 1.
KS Stat § 60-3328 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3328 Title of act.

60-3328. Title of act. This act may be cited as the uniform trade secrets act.History: L. 1981, ch. 214, § 9; July 1.
KS Stat § 60-3329 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3329 Severability of provisions of act.

60-3329. Severability of provisions of act. If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.History: L. 1981, ch. 214, § 10; July 1.
KS Stat § 60-3330 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3330 Act not retroactive.

60-3330. Act not retroactive. This act does not apply to misappropriation occurring prior to the effective date. With respect to a continuing misappropriation that began prior to the effective date, the act also does not apply to the continuing misappropriation that occurs after the effective date.History: L. 1981, ch. 214, § 11; L. 1988, ch. 221, § 4; July 1.
KS Stat § 60-3333 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3333 Environmental audit report; privilege; admissibility of report's contents; exceptions; burden to establish applicability of privilege.

60-3333. Environmental audit report; privilege; admissibility of report's contents; exceptions; burden to establish applicability of privilege. (a) Material that is included in an environmental audit report generated during an environmental audit conducted after July 1, 1995, is privileged and confidential and is not discoverable or admissible as evidence in any civil or administrative proceeding, except as specifically provided by this act. Failure to label each document within the environmental audit report as a privileged document does not constitute a waiver of the environmental audit privilege or create a presumption that the privilege does not apply.(b) If an environmental audit report, or any part thereof, is subject to the privilege recognized in this section, neither any person who conducted the audit nor anyone to whom the audit results are disclosed, unless such disclosure constitutes a waiver of the privilege under K.S.A. 60-3334, can be compelled to testify regarding any matter which was the subject of the audit and which is addressed in a privileged part of the audit report.(c) A person who conducts or participates in the preparation of an environmental audit report and who has observed physical events of an environmental violation may testify about those events but shall not be compelled to testify or produce documents related to the preparation of or any privileged part of an environmental audit or any component listed in subsection (b) of K.S.A. 60-3332, and amendments thereto.(d) An employee of a regulatory agency or other governmental employee shall not request, review or otherwise use an environmental audit report during an agency inspection of a regulated facility or operation or activity at a regulated facility or operation.(e) A party asserting the privilege under this section has the burden of establishing the applicability of the privilege. If there is evidence of noncompliance with environmental laws, such party must prove that appropriate efforts to achieve compliance were initiated promptly upon discovery and pursued with reasonable diligence.History: L. 1995, ch. 204, § 2; L. 2006, ch. 30, § 3; July 1.
KS Stat § 60-3336 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3336 Same; information not subject to privilege; agreement to conduct environmental audit; disclosure of environmental audit report.

60-3336. Same; information not subject to privilege; agreement to conduct environmental audit; disclosure of environmental audit report. (a) The privilege recognized in K.S.A. 60-3333 shall not extend to:(1) Documents, communications, data, reports or other information required to be collected, developed, maintained or reported to a regulatory agency pursuant to federal, state or local statute, ordinance, resolution, rule and regulation, permit, approval or order;(2) information obtained by observation, sampling or monitoring by any regulatory agency or its authorized designee;(3) information obtained from a source not involved in the preparation of the environmental audit report;(4) information that existed before the initiation and independent of the environmental audit;(5) information prepared after the completion and independent of the environmental audit; or(6) any information, not otherwise privileged, that is developed or maintained in the course of regularly conducted business activity or regular practice.(b) This section does not limit the right of a person to agree to conduct an environmental audit and disclose an environmental audit report.History: L. 1995, ch. 204, § 5; L. 2006, ch. 30, § 5; July 1.
KS Stat § 60-3337 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3337 Statutory and common-law privileges not affected.

60-3337. Statutory and common-law privileges not affected. Nothing in this act shall limit, waive or abrogate the scope or nature of any statutory or common-law privilege, including but not limited to the work-product doctrine and the attorney-client privilege.History: L. 1995, ch. 204, § 6; July 1.
KS Stat § 60-3339 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3339 Compliance with act shall be considered by tribunal in determining penalties.

60-3339. Compliance with act shall be considered by tribunal in determining penalties. If a facility owner or operator has implemented an environmental management system, consistent with the primary characteristics prescribed by subsection (d)(2) of K.S.A. 60-3334, and amendments thereto, a court or administrative tribunal which finds a violation of such laws, or extension of such laws, shall give consideration to that fact in determining whether to impose administrative or civil penalties and in determining the severity of any penalties imposed.History: L. 1995, ch. 204, § 8; L. 2006, ch. 30, § 7; July 1.
KS Stat § 60-3352 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3352 Same; in camera review; effect on admissibility of documents.

60-3352. Same; in camera review; effect on admissibility of documents. (a) The privilege set forth in K.S.A. 60-3351, and amendments thereto, shall not apply if, after an in camera review consistent with the code of civil procedure, a court or administrative tribunal of record determines:(1) The insurance compliance self-evaluative audit document shows evidence of noncompliance with applicable laws and regulations and appropriate efforts to achieve compliance with such laws and regulations were not promptly initiated and pursued with reasonable diligence upon discovery of noncompliance; or(2) to the extent that it is expressly waived by the insurance company that prepared or caused to be prepared the insurance compliance self-evaluative audit document; or(3) the privilege is asserted for a fraudulent purpose; or(4) the material is not subject to the privilege.(b) In a criminal proceeding, after an in camera review, a court may require disclosure of material for which the privilege described in K.S.A. 60-3351, and amendments thereto, is asserted, if the court determines one of the following:(1) The privilege is asserted for a fraudulent purpose;(2) the material is not subject to the privilege; or(3) the material contains evidence relevant to commission of a criminal offense under chapter 40 of Kansas Statutes Annotated, and amendments thereto, and all three of the following factors are present:(A) The commissioner, attorney general, or a county or district attorney, has a compelling need for the information;(B) the information is not otherwise available; and(C) the commissioner, attorney general, or a county or district attorney is unable to obtain the substantial equivalent of the information by any other means without incurring unreasonable cost and delay.History: L. 2005, ch. 148, § 2; July 1.
KS Stat § 60-3354 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3354 Same; assertion of privilege; burden of proof.

60-3354. Same; assertion of privilege; burden of proof. (a) Any insurance company asserting the insurance compliance self-evaluative privilege set forth in K.S.A. 60-3351, and amendments thereto, has the burden of demonstrating the applicability of the privilege. Once any insurance company has established the applicability of the privilege, the party seeking disclosure under paragraph (1) of subsection (b) of K.S.A. 60-3352, and amendments thereto, has the burden of proving that the privilege is asserted for a fraudulent purpose. The commissioner, attorney general, or a county or district attorney seeking disclosure under subsection (c) of K.S.A. 60-3352, and amendments thereto, has the burden of proving the elements set forth in subsection (c) of K.S.A. 60-3352 and amendments thereto.(b) The parties may at any time stipulate in proceedings under K.S.A. 60-3352 or 60-3353, and amendments thereto, to entry of an order directing that specific information contained in an insurance compliance self-evaluative audit document is or is not subject to the privilege provided under K.S.A. 60-3351 and amendments thereto. Any such stipulation may be limited to the instant proceeding and, absent specific language to the contrary, shall not be applicable to any other proceeding.History: L. 2005, ch. 148, § 4; July 1.
KS Stat § 60-3355 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3355 Same; affect on certain information and documents.

60-3355. Same; affect on certain information and documents. The privilege set forth in K.S.A. 60-3351, and amendments thereto, shall not affect any other privilege and shall not extend to any of the following:(a) Documents, communications, data, reports or other information collected, developed, maintained or reported to a regulatory agency pursuant to chapter 40 of Kansas Statutes Annotated, and amendments thereto, or other provisions of federal or state law;(b) information obtained by observation or monitoring by any regulatory agency; or(c) information obtained from a source independent of the insurance compliance audit.History: L. 2005, ch. 148, § 5; July 1.
KS Stat § 60-3356 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3356 Same; definitions.

60-3356. Same; definitions. As used in this act, the following words and phrases shall have the meaning ascribed to them in this section: (a) "Commissioner" means the commissioner of insurance or the commissioner's authorized designee.(b) "Insurance company" or "insurer" shall have the meaning ascribed to the term insurer in K.S.A. 40-112 and amendments thereto.(c) "Insurance compliance audit" means a voluntary, internal evaluation, review, assessment, audit or investigation for the purpose of identifying or preventing noncompliance with, or promoting compliance with laws, regulations, orders, or industry or professional standards, which is conducted by or on behalf of any insurance company licensed or regulated under the Kansas insurance code, or which involves an activity regulated under the Kansas insurance code. Once initiated an audit shall be completed within a reasonable period of time. Nothing in this section shall be construed to authorize uninterrupted or continuous auditing.(d) "Insurance compliance self-evaluative audit document" means any document prepared as a result of or in connection with an insurance compliance audit. An insurance compliance self-evaluative audit document may include:(1) A written response to the findings of an insurance compliance audit.(2) Any supporting information is collected or developed for the primary purpose and in the course of an insurance compliance audit including, but is not limited to, field notes and records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, exhibits, computer-generated or electronically recorded information, phone records, maps, charts, graphs and surveys.(3) Any of the following:(A) An insurance compliance audit report prepared by an auditor, who may be an employee of the insurance company or an independent contractor, which may include the scope of the audit, the information gained in the audit, and conclusions and recommendations, with exhibits and appendices;(B) memoranda and documents analyzing portions or all of the insurance compliance audit report and discussing potential implementation issues;(C) an implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance; or(D) analytic data generated in the course of conducting the insurance compliance audit.(e) Presiding officer shall have the meaning ascribed to it in K.S.A. 77-514 and amendments thereto.History: L. 2005, ch. 148, § 6; July 1.
KS Stat § 60-3357 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3357 Same; applicability.

60-3357. Same; applicability. The insurance compliance self-evaluative privilege created by this act shall apply to all litigation or administrative proceedings pending on the effective date of this act.History: L. 2005, ch. 148, § 7; July 1.
KS Stat § 60-3358 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 33 - Actions Relating To Commercial Activity|60-3358 Same; affect on other privileges.

60-3358. Same; affect on other privileges. No provision of this act nor the release of any self-evaluative audit document hereunder shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege including, but not limited to, the work product doctrine, the attorney-client privilege, or the subsequent remedial measures exclusion.History: L. 2005, ch. 148, § 8; July 1.
KS Stat § 60-3404 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 34 - Professional Liability Actions|60-3404 Expiration of act.

60-3404. Expiration of act. (a) The provisions of K.S.A. 1985 Supp. 60-3401 through 60-3403 shall expire on July 1, 1989.(b) This act shall be part of and supplemental to the code of civil procedure.History: L. 1985, ch. 197, § 4; July 1.
KS Stat § 60-3405 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 34 - Professional Liability Actions|60-3405 Findings and purpose.

60-3405. Findings and purpose. Substantial increases in costs of professional liability insurance for health care providers have created a crisis of availability and affordability. This situation poses a serious threat to the continued availability and quality of health care in Kansas. In the interest of the public health and welfare, new measures are required to assure that affordable professional liability insurance will be available to Kansas health care providers, to assure that injured parties receive adequate compensation for their injuries, and to maintain the quality of health care in Kansas.History: L. 1986, ch. 229, § 1; July 1.