reglab/housing_qa huggingface dataset:
WV Code § 55-7G-8 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7G. Asbestos and Silica Claims Priorities Act|§55-7G-8. Procedures

(a) Evidence relating to the prima facie showings required under this article 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.(b) No evidence shall be offered at trial, and the jury shall not be informed of:(1) The grant or denial of a motion to dismiss an asbestos or silica action under the provisions of this article; or(2) The provisions of this article with respect to what constitutes a prima facie showing of asbestos or silica-related impairment.(c) Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos or silica 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 of the parties and for good cause shown.(d) Consolidation of cases. --(1) A court may consolidate for trial any number and type of nonmalignant asbestos or silica actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos or silica actions relating to the exposed person and members of that person's household.(2) No class action or any other form of mass aggregation relating to more than one exposed person and members of that person's household shall be permitted.(3) The provisions of this subsection do not preclude consolidation of cases by court order for pretrial or discovery purposes.
WV Code § 55-7G-9 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7G. Asbestos and Silica Claims Priorities Act|§55-7G-9. Statute of Limitations; Two-Disease Rule

(a) With respect to an asbestos or silica action not barred by limitations as of this article's effective date, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date:(1) The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment;(2) 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; or(3) The date of death of the exposed person having an asbestos-related or silica-related impairment.(b) Nothing in this section shall 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 on the effective date of this article.(c) 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 or silica action entered into prior to the effective date of this article.(d) An asbestos or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related 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 or silica action.
WV Code § 55-7G-10 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7G. Asbestos and Silica Claims Priorities Act|§55-7G-10. Application

This article shall apply to all asbestos actions and silica actions filed on or after the effective date of this article.
WV Code § 55-7H-2 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7H. Immunity From Civil Liability for Clinical Practice Plans and Personnel Associated With Medical and Dental Schools|§55-7H-2. Definitions

For purposes of this article:(1) "Clinical practice plan" means any of the nonprofit corporations that are operated to assist the state medical school and state's medical and dental schools in providing clinical services to patients and which are controlled by governing boards all the voting members of which are faculty members or university officials. Clinical practice plans as defined herein shall be considered agents of the state.(2) "Contractor" means an independent contractor, whether compensated or not, who is licensed as a health care professional under chapter thirty of this code, who is acting within the scope of his or her authority for a state medical school, state's medical and dental schools, or a clinical practice plan, and is a member of the faculty of a state's medical and dental schools or state medical school.(3) "Employee" means a director, officer, employee, agent or servant, whether compensated or not, who is licensed as a health care professional under chapter thirty of this code and who is acting within the scope of his or her authority or employment for a state's medical and dental schools, a state medical school or a clinical practice plan.(4) "Health care" means any act or treatment performed or furnished, or which should have been performed or furnished, by any director, officer, employee, agent or contractor of a state medical school, state's medical and dental schools, or a clinical practice plan for, to or on behalf of a patient during the patient's medical care, treatment or confinement.(5) "Medical injury" means injury or death to a patient arising or resulting from the rendering or failure to render health care.(6) "Medical professional liability insurance" means a contract of insurance, or any self-insurance retention program established under the provisions of section ten, article five, chapter eighteen-b of this code, that pays for the legal liability arising from a medical injury.(7) "Patient" means a natural person who receives or should have received health care from a director, officer, employee, agent or contractor of a state medical school, state's medical and dental schools, or a clinical practice plan under a contract, express or implied.(8) "Scope of authority or employment" means performance by a director, officer, employee, agent or contractor acting in good faith within the duties of his or her office, employment or contract with a state medical school, state's medical and dental schools, or a clinical practice plan, but does not include corruption or fraud.(9) "State's medical and dental schools" or "state medical school" means the Marshall University School of Medicine, the West Virginia School of Osteopathic Medicine, the West Virginia University School of Medicine and the West Virginia University School of Dentistry.
WV Code § 55-7H-3 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7H. Immunity From Civil Liability for Clinical Practice Plans and Personnel Associated With Medical and Dental Schools|§55-7H-3. Immunity for Clinical Practice Plans and Their Directors, Officers, Employees, Agents and Contractors

Notwithstanding any other provision of this code, all clinical practice plans, and all employees and contractors of a state's medical and dental schools, state medical school or a clinical practice plan, are only liable up to the limits of insurance coverage procured through the State Board of Risk and Insurance Management in accordance with section four, article seven-e, chapter fifty-five of the code, arising from a medical injury to a patient, including death resulting, in whole or in part, from the medical injury, either through act or omission, or whether actual or imputed, while acting within the scope of their authority or employment for a state's medical and dental schools, state medical school or a clinical practice plan. The provisions of this article apply to the acts and omissions of all full-time, part-time, visiting and volunteer directors, officers, faculty members, residents, fellows, students, employees, agents and contractors of a state's medical and dental schools, state medical school or a clinical practice plan, regardless of whether the persons are engaged in teaching, research, clinical, administrative or other duties giving rise to the medical injury, regardless of whether the activities were being performed on behalf of a state's medical and dental schools, state medical school or on behalf of a clinical practice plan and regardless of where the duties were being carried out at the time of the medical injury.
WV Code § 55-7H-4 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7H. Immunity From Civil Liability for Clinical Practice Plans and Personnel Associated With Medical and Dental Schools|§55-7H-4. Medical Professional Liability Insurance for State's Medical and Dental Schools and State Medical Schools

The State Board of Risk and Insurance Management shall provide medical professional liability insurance to all of the state's medical and dental schools, state medical school, all of their clinical practice plans and all of their directors, officers, employees, agents and contractors in an amount to be determined by the State Board of Risk and Insurance Management, but in no event less than $1.5 million for each occurrence after July 1, 2015, to increase to account for inflation by an amount equal to the Consumer Price Index published by the United States Department of Labor, up to $2 million for each occurrence. The clinical practice plans shall pay for this insurance. The provision of professional liability insurance is not a waiver of immunity that any of the foregoing entities or persons may have pursuant to this article or under any other law. Any judgment obtained for a medical injury to a patient as a result of health care performed or furnished, or which should have been performed or furnished, by any employee or contractor of a state's medical and dental school, state medical school or clinical practice plan shall not exceed the limits of medical professional liability insurance coverage provided by the State Board of Risk and Insurance Management pursuant to this section.
WV Code § 55-7H-5 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7H. Immunity From Civil Liability for Clinical Practice Plans and Personnel Associated With Medical and Dental Schools|§55-7H-5. Applicability of Provisions

The provisions of this article are applicable prospectively to all claims that occur and are commenced on or after July 1, 2015.
WV Code § 55-7H-6 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7H. Immunity From Civil Liability for Clinical Practice Plans and Personnel Associated With Medical and Dental Schools|§55-7H-6. Construction

The provisions of this article operate in addition to, and not in derogation of, any of the provisions contained in article seven-b of this chapter.
WV Code § 55-7I-1 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7I. Successor Asbestos-Related Liability|§55-7I-1. Findings and Purpose

(a) The West Virginia Legislature finds that:(1) Asbestos-related claims threaten the continued viability of uniquely situated companies that have never manufactured, sold or distributed asbestos or asbestos products and are liable only as successor corporations.(2) The viability of these businesses is threatened due solely to their status as successor corporations by merger or consolidation based on actions taken prior to the May 13, 1968, American Conference of Governmental Industrial Hygienists change in the recommended, longstanding threshold workplace-exposure limit for asbestos.(3) More than twenty other states have enacted legislation similar to this article to provide limits on asbestos-related liabilities for innocent successors.(4) The public interest as a whole is best served by providing relief to innocent successors so that they may remain viable.(b) The purpose of this article is to limit the cumulative recovery by all asbestos claimants from innocent successors.
WV Code § 55-7I-2 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7I. Successor Asbestos-Related Liability|§55-7I-2. Definitions

As used in this article:(1) “Asbestos claim” means any claim, wherever or whenever made, for damages, losses, indemnification, contribution or other relief arising out of, based on, or in any way related to asbestos, including:(A) Property damage caused by the installation, presence or removal of asbestos;(B) The health effects of exposure to asbestos, including any claim for:(i) Personal injury or death;(ii) Mental or emotional injury;(iii) Risk of disease or other injury; or(iv) The costs of medical monitoring or surveillance; and(C) Any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child or other relative of the person.(2) “Corporation” means a corporation for profit, including:(A) A domestic corporation organized under the laws of this state; or(B) A foreign corporation organized under laws other than the laws of this state.(3) “Successor asbestos-related liabilities” 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, that are related in any way to asbestos claims that 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 asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term 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 five of this article, 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.(4) “Successor” means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.(5) “Transferor” means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
WV Code § 55-7I-3 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7I. Successor Asbestos-Related Liability|§55-7I-3. Applicability

(a) The limitations in section four of this article shall apply to a domestic corporation or a foreign corporation that has had a certificate of authority to transact business in this state or has done business in this state and that is a successor which became a successor prior to May 13, 1968, or which is any of that successor corporation’s successors, but in the latter case only to the extent of the limitation of liability applied under subsection (b), section four of this article and subject also to the limitations found in this article, including those in subsection (b) of this section.(b) The limitations in section four of this article shall not apply to:(1) Workers’ compensation benefits paid by or on behalf of an employer to an employee under the provisions of chapter twenty-three of this code or a comparable workers’ compensation law of another jurisdiction;(2) Any claim against a corporation that does not constitute a successor asbestos-related liability;(3) An insurance corporation;(4) Any obligation under the National Labor Relations Act, 29 U. S. C. Section 151, et seq., as amended, or under any collective bargaining agreement;(5) 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;(6) A contractual obligation existing as of the effective date of this article that was entered into with claimants or potential claimants or their counsel and which resolves asbestos claims or potential asbestos claims;(7) Any claim made against the estate of a debtor in a bankruptcy proceeding commenced prior to the effective date of this article, under the United States Bankruptcy Code, 11 U. S. C. Section 101, et seq., by or against such debtor, or against a bankruptcy trust established under 11 U. S. C. Section 524(g) or similar provision of the United States Code in such a bankruptcy; and(8) A successor asbestos-related liability arising under common law or statute for premises liability, or a cause of action for premises liability, as applicable, but only if the successor owned or controlled the premise or premises at issue after the merger or consolidation.
WV Code § 55-7I-4 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7I. Successor Asbestos-Related Liability|§55-7I-4. Limitations on Successor Asbestos-Related Liabilities

(a) Except as further limited in subsection (b) of this section, the cumulative successor asbestos-related liabilities of a 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 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 a corporation.
WV Code § 55-7I-5 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7I. Successor Asbestos-Related Liability|§55-7I-5. Establishing Fair Market Value of Total Gross Assets

(a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under section four of this article through any method reasonable under the circumstances, including:(1) 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(2) 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.(b) Total gross assets include intangible assets.(c) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section and which insurance has been collected or is collectible to cover successor asbestos-related liabilities (except compensation for liabilities arising from workers' exposure to asbestos solely during the course of their employment by the transferor). A settlement of a dispute concerning such insurance coverage entered into by a transferor or successor with the insurers of the transferor 10 years or more before the enactment of this article shall be determinative of the aggregate coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.(d) The fair market value of total gross assets shall reflect no deduction for any liabilities arising from any asbestos claim.
WV Code § 55-7I-6 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7I. Successor Asbestos-Related Liability|§55-7I-6. Adjustment

(a) Except as provided in subsections (b), (c) and (d) of this section, the fair market value of total gross assets at the time of the merger or consolidation increases annually at a rate equal to the sum of:(1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation; and(2) One percent.(b) The rate found in subsection (a) of this section is not compounded.(c) The adjustment of the fair market value of total gross assets continues as provided in subsection (a) of this section until the date the adjusted value is exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the 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.(d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection (c), section five of this article.
WV Code § 55-7I-7 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7I. Successor Asbestos-Related Liability|§55-7I-7. Scope of Article; Application

(a) This article shall be liberally construed with regard to successors.(b) This article applies to all asbestos claims filed against a successor on or after the effective date of this article.
WV Code § 55-7J-2 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7J. Financial Exploitation of an Elderly Person, Protected Person or Incapacitated Adult|§55-7J-2. Restriction of Defenses, Standing Alone, Based on Legal Relationship

Notwithstanding any provision of this code to the contrary, acting in a position of trust and confidence, including, but not limited to, as guardian, conservator, trustee or attorney for or holding power of attorney for an elderly person, protected person or incapacitated adult shall not, standing alone, constitute a defense to an action brought under this article.
WV Code § 55-7J-3 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7J. Financial Exploitation of an Elderly Person, Protected Person or Incapacitated Adult|§55-7J-3. Court Authorized Remedies

(a) In an action brought against a person under this article upon a finding that an elderly person, protected person or incapacitated adult has been financially exploited, the court may order:(1) The return of property or assets improperly obtained, controlled or used; and(2) An award of actual damages to the person who brought the action for any damages incurred or for the value of the property or assets lost as a result of the violation or violations of this article.(b) In addition to the remedies provided in subsection (a) of this section, a court may order the following:(1) For violations committed by a person who is not in a position of trust and confidence, payment of two times the amount of damages incurred or value of property or assets lost; and(2) For violations committed by a person in a position of trust and confidence, payment of treble damages.
WV Code § 55-7J-4 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7J. Financial Exploitation of an Elderly Person, Protected Person or Incapacitated Adult|§55-7J-4. Attorneys Fees; Court Costs and Burden of Proof; Statute of Limitations

(a) The court may award reasonable attorneys fees and costs to a person that brings an action under this article and prevails.(b) The standard of proof in proving that a person committed financial exploitation in an action pursuant to this article is a preponderance of the evidence.(c) An action under this article shall be brought within two years from the date of the violation or from the date of discovery, whichever is later in time.