reglab/housing_qa huggingface dataset:
IA Code § 686A.7 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS|Section 686A.7 - Setoff — credit.

686A.7 Setoff — credit.   In any asbestos action in which damages are awarded and setoffs are permitted under applicable law, a defendant is entitled to a setoff or credit in the amount the plaintiff has been awarded from an asbestos trust identified in section 686A.6, subsection 1, and the amount of the valuation established under section 686A.6, subsection 2. If multiple defendants are found liable for damages, the court shall distribute the amount of setoff or credit proportionally between the defendants, according to the liability of each defendant.  2017 Acts, ch 11, §7
IA Code § 686A.8 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS|Section 686A.8 - Failure to provide information — sanctions.

686A.8 Failure to provide information — sanctions.   1. On the motion of a defendant or judgment debtor seeking sanctions or other relief in an asbestos action, the court may impose any sanction provided by court rule or a law of this state, including but not limited to vacating a judgment rendered in the action, for a plaintiff’s failure to comply with the disclosure requirements of this chapter.   2. If the plaintiff or a person on the plaintiff’s behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos action, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos action and adjust the judgment by the amount of any subsequent asbestos trust payments obtained by the plaintiff and order any other relief to the parties that the court considers just and proper.   3. A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one year after the judgment was entered.  2017 Acts, ch 11, §8
IA Code § 686A.9 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS|Section 686A.9 - Application.

686A.9 Application.   1. This chapter applies to all asbestos actions filed on or after July 1, 2017.   2. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested right. In that case, the provision does not apply and the court shall apply prior law.  2017 Acts, ch 11, §9
IA Code § 686B.1 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES|Section 686B.1 - Title.

686B.1 Title.   This chapter shall be known and may be cited as the “Asbestos and Silica Claims Priorities Act”.  2017 Acts, ch 11, §10
IA Code § 686B.5 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES|Section 686B.5 - Silica claims involving silicosis — elements of proof.

686B.5 Silica claims involving silicosis — elements of proof.   A silica action involving silicosis shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which exposure to silica was a substantial contributing factor. The prima facie showing shall be made as to each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician that includes all of the following:   1. Radiological or pathological evidence of silicosis or a high-resolution computed tomography scan showing evidence of silicosis.   2. A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including silica or other disease-causing dusts or fumes, that may cause pulmonary impairment and the nature, duration, and level of any exposure.   3. A detailed medical, social, and smoking history from the exposed person or, if that person is deceased, from the person most knowledgeable, including a thorough review of the past and present medical problems of the exposed person and the most probable cause of such medical problems.   4. Evidence that a sufficient latency period has elapsed between the exposed person’s date of first exposure to silica and the day of diagnosis.   5. Evidence based upon a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, based upon the person’s medical records, that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least class 2 as defined by and evaluated pursuant to the AMA guides or reported significant changes year to year in lung function for FVC, FEV1, or diffusing capacity of the lung for carbon monoxide as defined by the American thoracic society’s interpretative strategies for lung function tests, 26 European Respiratory Journal 948-68, 961-62, table 12 (2005), as updated.   6. The qualified physician signing the detailed narrative medical report has concluded that exposure to silica was a substantial contributing factor to the exposed person’s physical impairment and not more probably the result of other causes. An opinion stating that the medical findings and impairment are consistent with or compatible with exposure to silica, or similar opinion, does not satisfy the requirements of this subsection.  2017 Acts, ch 11, §14
IA Code § 686B.6 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES|Section 686B.6 - Evidence of physical impairment.

686B.6 Evidence of physical impairment.   Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in an action governed by this chapter, must satisfy all of the following requirements:   1. The evidence must comply with the quality controls, equipment requirements, methods of calibration, and techniques set forth in the AMA guides and all standards set forth in the official statements of the American thoracic society which are in effect on the date of any examination or pulmonary function testing of the exposed person required by this chapter.   2. The evidence must not be obtained by 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.   3. The evidence must not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney sponsoring the examination, test, or screening.  2017 Acts, ch 11, §15
IA Code § 686B.7 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES|Section 686B.7 - Procedures — limitation.

686B.7 Procedures — limitation.   1. Evidence relating to the prima facie showings required under this chapter shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment, and shall not be conclusive as to the liability of any defendant.   2. No evidence shall be offered at trial, and the jury shall not be informed, of any of the following:   a. The grant or denial of a motion to dismiss an asbestos action or silica action under the provisions of this chapter.   b. The provisions of this chapter with respect to what constitutes a prima facie showing of asbestos-related impairment or silica-related impairment.   3. Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, an asbestos action or silica action shall not 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 of the parties and for good cause shown.   4. a. A court may consolidate for trial any number and type of asbestos actions or silica actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions or silica actions relating to the exposed person and members of that person’s household.   b. This subsection does not preclude the consolidation of cases by court order for pretrial or discovery purposes.   5. A defendant in an asbestos action or silica action shall not be liable for exposures from a product or component part made or sold by a third party.  2017 Acts, ch 11, §16
IA Code § 686B.8 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES|Section 686B.8 - Statute of limitations — two-disease rule.

686B.8 Statute of limitations — two-disease rule.   1. With respect to an asbestos action or silica action not barred by limitations as of July 1, 2017, an exposed person’s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following:   a. The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment.   b. 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 silica-related impairment.   c. The date of death of the exposed person having an asbestos-related impairment or silica-related impairment.   2. This section shall not be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred as of July 1, 2017.   3. An asbestos action or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos action or silica action.  2017 Acts, ch 11, §17
IA Code § 686B.9 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES|Section 686B.9 - Application.

686B.9 Application.   1. This chapter applies to all asbestos actions and silica actions filed on or after July 1, 2017.   2. This chapter applies to all pending asbestos actions and silica actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested right. In that case, the provision does not apply and the court shall apply prior law.  2017 Acts, ch 11, §18
IA Code § 686C.1 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS|Section 686C.1 - Title.

686C.1 Title.   This chapter shall be known and may be cited as the “Successor Corporation Asbestos-Related Liability Fairness Act”.  2017 Acts, ch 11, §19
IA Code § 686C.2 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS|Section 686C.2 - Definitions.

686C.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. “Asbestos action” means the same as defined in section 686A.2, but also includes any claim for damage or loss caused by the installation, presence, or removal of asbestos.   2. “Corporation” means any corporation established under either domestic or foreign charter and includes a corporate subsidiary and any business entity in which a corporation participates or is a stockholder, a partner, or a joint venture.   3. “Successor” means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities through operation of law, including but not limited to a merger or consolidation or plan of merger or consolidation related to such consolidation or merger or by appointment as an administrator or as a trustee in bankruptcy, debtor in possession, liquidation, or receivership and that became a successor before January 1, 1972. “Successor” includes any of that successor corporation’s successors.   4. “Successor asbestos-related liability” means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to an asbestos action and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to an asbestos action based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. “Successor asbestos-related liability” includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under section 686C.4, were or are 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 settlements, judgments, or other discharges in this state or another jurisdiction.   5. “Transferor” means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.  2017 Acts, ch 11, §20
IA Code § 686C.3 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS|Section 686C.3 - Limitations on successor asbestos-related liabilities.

686C.3 Limitations on successor asbestos-related liabilities.   1. Except as provided in subsection 2, the cumulative successor asbestos-related liabilities of a successor 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. A successor shall not have responsibility for successor asbestos-related liabilities in excess of this limitation.   2. 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 gross 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 1 for purposes of determining the limitation of liability of a successor.   3. The limitations in this section shall apply to any successor but shall not apply to any of the following:   a. Workers’ compensation benefits paid by or on behalf of an employer to an employee under the provisions of chapter 85 or 85A, or a comparable workers’ compensation law of another jurisdiction.   b. Any claim against a corporation that does not constitute a successor asbestos-related liability.   c. Any obligation under the federal National Labor Relations Act, 29 U.S.C. §151 et seq., as amended, or under any collective bargaining agreement.   d. 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.  2017 Acts, ch 11, §21  Referred to in §686C.4
IA Code § 686C.4 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS|Section 686C.4 - Establishing fair market value of total gross assets.

686C.4 Establishing fair market value of total gross assets.   1. A successor may establish the fair market value of total gross assets, which include intangible assets, for the purpose of the limitations under section 686C.3, through any method reasonable under the circumstances, including any of the following:   a. 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.   b. 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.   2. 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 chapter, nor shall this chapter otherwise affect the rights and obligations of an insurer, transferor, or successor under any insurance contract or any related agreement, 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, 2017, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor’s total gross assets.  2017 Acts, ch 11, §22  Referred to in §686C.2, 686C.5
IA Code § 686C.5 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS|Section 686C.5 - Adjustment.

686C.5 Adjustment.   1. Except as provided in subsections 2, 3, and 4, the fair market value of total gross assets at the time of a 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, plus one percent.   2. The rate determined under subsection 1 shall not be compounded.   3. The adjustment of the fair market value of total gross assets shall continue as provided in subsection 1 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.   4. No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the total gross assets pursuant to section 686C.4, subsection 2.  2017 Acts, ch 11, §23
IA Code § 686C.6 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS|Section 686C.6 - Scope of chapter — application.

686C.6 Scope of chapter — application.   1. This chapter shall be liberally construed with regard to successors.   2. This chapter applies to all asbestos claims filed against a successor on or after July 1, 2017.   3. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested right. In that case, the provision does not apply and the court shall apply prior law.  2017 Acts, ch 11, §24
IA Code § 686D.1 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686D - COVID-19 RELATED LIABILITY|Section 686D.1 - Short title.

686D.1 Short title.   This chapter shall be known and may be cited as the “COVID-19 Response and Back-to-Business Limited Liability Act”.  2020 Acts, ch 1070, §3, 11  Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11  NEW section
IA Code § 686D.3 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686D - COVID-19 RELATED LIABILITY|Section 686D.3 - Actual injury requirement in civil actions alleging COVID-19 exposure.

686D.3 Actual injury requirement in civil actions alleging COVID-19 exposure.   A person shall not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless one of the following applies:   1. The civil action relates to a minimum medical condition.   2. The civil action involves an act that was intended to cause harm.   3. The civil action involves an act that constitutes actual malice.  2020 Acts, ch 1070, §5, 11  Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11  NEW section
IA Code § 686D.4 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686D - COVID-19 RELATED LIABILITY|Section 686D.4 - Premises owner’s duty of care — limited liability.

686D.4 Premises owner’s duty of care — limited liability.   A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for civil damages for any injuries sustained from the individual’s exposure to COVID-19, whether the exposure occurs on the premises or during any activity managed by the person who possesses or is in control of a premises, unless any of the following apply to the person who possesses or is in control of the premises:   1. The person who possesses or is in control of the premises recklessly disregards a substantial and unnecessary risk that the individual would be exposed to COVID-19.   2. The person who possesses or is in control of the premises exposes the individual to COVID-19 through an act that constitutes actual malice.   3. The person who possesses or is in control of the premises intentionally exposes the individual to COVID-19.  2020 Acts, ch 1070, §6, 11  Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11  NEW section
IA Code § 686D.5 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 686D - COVID-19 RELATED LIABILITY|Section 686D.5 - Safe harbor for compliance with regulations, executive orders, or public health guidance.

686D.5 Safe harbor for compliance with regulations, executive orders, or public health guidance.   A person in this state shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with any federal or state statute, regulation, order, or public health guidance related to COVID-19 that was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure.  2020 Acts, ch 1070, §7, 11  Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11  NEW section