reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 5 - SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT (§§ 29-34-501 — 29-34-507) › Section 29-34-502 - Part definitions

For purposes of this part:
(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)
The health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance;
(B)
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; and
(C)
Any claim for damage or loss caused by the installation, presence, or removal of asbestos;
(2)
"Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state;
(3)
"Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities that is a successor and became a successor before January 1, 1972, or is any of such successor corporation's successors;
(4)
(A)
"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 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 asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation.
(B)
"Successor asbestos-related liabilities" includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under §
29-34-505
, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or 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; and
(5)
"Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
Added by 2013 Tenn. Acts, ch. 246, s 3, eff. 7/1/2013.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 5 - SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT (§§ 29-34-501 — 29-34-507) › Section 29-34-503 - Application of limitations

(a)
The limitations in §
29-34-504
shall apply to any successor corporation.
(b)
The limitations of §
29-34-504
shall not apply to:
(1)
Workers' compensation benefits paid by or on behalf of an employer to an employee under title 50, chapter 6, or a comparable workers' compensation law of another jurisdiction;
(2)
Any claim against a corporation that does not constitute a successor asbestos-related liability;
(3)
Any obligation under the National Labor Relations Act, compiled in
29 U.S.C. § 151
et seq., as amended or under any collective bargaining agreement; or
(4)
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.
Added by 2013 Tenn. Acts, ch. 246, s 4, eff. 7/1/2013.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 5 - SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT (§§ 29-34-501 — 29-34-507) › Section 29-34-504 - Limitations on cumulative successor asbestos-related liabilities

(a)
Except as otherwise provided in subsection (b), the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation.
(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 the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) for purposes of determining the limitation of liability of a successor corporation.
Added by 2013 Tenn. Acts, ch. 246,s 5, eff. 7/1/2013.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 5 - SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT (§§ 29-34-501 — 29-34-507) › Section 29-34-505 - Establishment of fair market value

(a)
A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under §
29-34-504
through generally accepted accounting principles, including:
(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)
For purposes of this section, total gross assets may include any intangible assets.
(c)
To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions and limits of such insurance shall not be affected by this section, nor shall this section otherwise affect the rights and obligations of an insurer, transferor or successor under any insurance contract or any related agreements, including, without limitation, preenactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before July 1, 2013, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
Added by 2013 Tenn. Acts, ch. 246, s 6, eff. 7/1/2013.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 5 - SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT (§§ 29-34-501 — 29-34-507) › Section 29-34-506 - Rate of annual increase of fair market value

(a)
Except as otherwise provided in this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of:
(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, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and
(2)
One percent (1%).
(b)
The rate determined pursuant to subsection (a) shall not be compounded.
(c)
The adjustment of the fair market value of total gross assets shall continue as provided in subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(d)
No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in total gross assets pursuant to §
29-34-505(c)
.
Added by 2013 Tenn. Acts, ch. 246, s 7, eff. 7/1/2013.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 5 - SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT (§§ 29-34-501 — 29-34-507) › Section 29-34-507 - Liberal construction of part - Application of part

(a)
The courts of this state shall construe this part liberally with regard to successors.
(b)
This part shall apply to all asbestos claims filed against a successor on or after July 1, 2013.
(c)
This part shall also apply to any pending asbestos claims against a successor in which trial has not commenced as of July 1, 2013, except that any provisions of these sections which would be unconstitutional if applied retroactively shall be applied prospectively.
Added by 2013 Tenn. Acts, ch. 246, s 8, eff. 7/1/2013.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 6 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 29-34-601 — 29-34-609) › Section 29-34-601 - Short title

This part shall be known and may be cited as the "Asbestos Bankruptcy Trust Claims Transparency Act".
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 6 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 29-34-601 — 29-34-609) › Section 29-34-603 - Required disclosures by plaintiff

(a)
For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff's behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust. The sworn statement shall be provided no later than one hundred twenty (120) days prior to the date set for trial for the asbestos action. For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement, the statement shall include:
(1)
The name, address, and contact information for the asbestos trust;
(2)
The amount claimed or to be claimed by the plaintiff;
(3)
The date the plaintiff filed the claim;
(4)
The disposition of the claim;
(5)
Whether there has been a request to defer, delay, suspend, or toll the claim; and
(6)
An attestation from the plaintiff, under penalties of perjury, that the sworn statement is complete and is based on a good faith investigation of all potential claims against asbestos trusts.
(b)
The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease.
(c)
The plaintiff shall supplement the information and materials provided pursuant to this section within ninety (90) days after the plaintiff:
(1)
Files an additional asbestos trust claim;
(2)
Supplements an existing asbestos trust claim; or
(3)
Receives additional information or materials related to any claim or potential claim against an asbestos trust.
(d)
Failure by the plaintiff to make available to all parties all trust claims materials as required by this part shall constitute grounds for the court to extend the trial date in an asbestos action.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 6 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 29-34-601 — 29-34-609) › Section 29-34-604 - Discovery

(a)
Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. No claims of privilege apply to any trust claims materials or trust governance documents.
(b)
A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 6 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 29-34-601 — 29-34-609) › Section 29-34-605 - Stay of action

(a)
A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required under §
29-34-603
within one hundred twenty (120) days prior to the trial date.
(b)
If, in the disclosures required by §
29-34-603
, a plaintiff identifies a potential asbestos trust claim, the judge shall have the discretion to stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.
Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 6 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 29-34-601 — 29-34-609) › Section 29-34-606 - Identification of additional or alternative asbestos trusts by defendant

(a)
Not less than ninety (90) days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with the plaintiff to discuss why the defendant believes the plaintiff has an additional asbestos trust claim, and thereafter the defendant may move the court for an order to require the plaintiff to file the asbestos trust claim. The defendant shall produce or describe the documentation it possesses or is aware of in support of the motion.
(b)
Within ten (10) days of receiving the defendant's motion pursuant to subsection (a), the plaintiff shall, for each asbestos trust claim identified by the defendant, make one (1) of the following responses:
(1)
File the asbestos trust claim;
(2)
File a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or
(3)
File a written response with the court requesting a determination that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.
(c)
(1)
If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by a defendant, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than thirty (30) days before trial.
(2)
If the court determines that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by the asbestos trust.
(d)
Not less than thirty (30) days prior to trial in an asbestos action, the court shall enter into the record a trust claims document that identifies each claim the plaintiff has made against an asbestos trust.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 6 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 29-34-601 — 29-34-609) › Section 29-34-607 - Admissible evidence

(a)
If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.
(b)
Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the asbestos action.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 6 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 29-34-601 — 29-34-609) › Section 29-34-608 - Failure to provide information - Sanctions

A plaintiff who fails to provide all of the information required under this part is subject to sanctions as provided in the Tennessee Rules of Civil Procedure and any other relief for the defendant, or defendants, that the court considers just and proper.
Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 6 - ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (§§ 29-34-601 — 29-34-609) › Section 29-34-609 - Applicability of part

This part shall apply to all asbestos actions that are filed on or after July 1, 2016.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 7 - ASBESTOS CLAIMS PRIORITIES ACT (§§ 29-34-701 — 29-34-709) › Section 29-34-701 - Short title

This part shall be known and may be cited as the "Asbestos Claims Priorities Act".
Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 7 - ASBESTOS CLAIMS PRIORITIES ACT (§§ 29-34-701 — 29-34-709) › Section 29-34-705 - Requirements for medical examinations and testing

Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this part, shall:
(1)
Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA's Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of the American Thoracic Society that are in effect on the date of any examination or pulmonary function testing of the exposed person required by this part;
(2)
Not be obtained or based on testing or examinations that violate any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted, or of this state; and
(3)
Not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney or law firm sponsoring the examination, test, or screening.
Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 7 - ASBESTOS CLAIMS PRIORITIES ACT (§§ 29-34-701 — 29-34-709) › Section 29-34-706 - Prima facie showing - Discovery - Consolidation of actions for trial

(a)
Evidence relating to the prima facie showings required under this part shall not create any presumption that the exposed person has an asbestos-related injury or impairment and shall not be conclusive as to the liability of any defendant.
(b)
No evidence shall be offered at trial regarding, and the jury shall not be informed of:
(1)
The grant or denial of a motion to dismiss an asbestos action under this part; or
(2)
The provisions of this part with respect to what constitutes a prima facie showing of asbestos-related impairment.
(c)
Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one (1) of the parties and for good cause shown.
(d)
(1)
A court may consolidate for trial any number and type of asbestos actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions relating to the exposed person and members of that person's household.
(2)
No class action or any other form of mass aggregation relating to more than one (1) exposed person and members of that person's household shall be permitted.
(3)
This subsection (d) does not preclude consolidation of cases by court order for pretrial or discovery purposes.
Amended by 2021 Tenn. Acts, ch. 265, s 2, eff. 7/1/2021.
Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 7 - ASBESTOS CLAIMS PRIORITIES ACT (§§ 29-34-701 — 29-34-709) › Section 29-34-707 - Limitations period

(a)
With respect to an asbestos action not barred by limitations as of July 1, 2016, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date:
(1)
The exposed person received a medical diagnosis of an asbestos-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
(3)
The date of death of the exposed person having an asbestos-related impairment.
(b)
Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment that was otherwise time-barred on July 1, 2016.
(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 action entered into prior to July 1, 2016.
(d)
An asbestos action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer. Notwithstanding any law of this state to the contrary, no damages shall be awarded for fear or increased risk of future disease in an asbestos action.
Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 7 - ASBESTOS CLAIMS PRIORITIES ACT (§§ 29-34-701 — 29-34-709) › Section 29-34-708 - Qualified physician for purposes of report - Findings required

(a)
(1)
The trial court, in its discretion, may allow a physician who meets the other requirements of this part but does not meet the time and revenue requirements under §
29-34-702(24)(B)
to be considered a qualified physician and submit a report required by this part if the trial court makes an evidentiary finding, after all parties have had a reasonable opportunity to present evidence, that it would be manifestly unjust not to allow the physician at issue to submit the report.
(2)
For subsection (a) to apply, the trial court also must make specific and detailed findings, setting forth the bases of such findings, that the physician's opinions appear to be reliable medical opinions in that they are supported by documented, reliable medical evidence obtained through testing or examinations that comply with and do not violate any applicable law, regulation, licensing requirement, or medical code of practice and that the opinions are not the product of bias or the result of financial influence due to the physician's role as a paid expert.
(3)
The cost of retaining another physician who is qualified pursuant to §
29-34-702(24)(B)
for the purpose of submitting a report required by this part shall not be considered in determining manifest injustice, but the availability or unavailability of other physicians who meet such time and revenue requirements shall be considered as a relevant factor.
(b)
A physician who submits a report under this part may be an expert witness retained by counsel for the exposed person or claimant; provided, that the physician otherwise meets the requirements of this part, §
24-7-115
, and the Tennessee Rules of Evidence governing the qualifications of expert witnesses.
Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 7 - ASBESTOS CLAIMS PRIORITIES ACT (§§ 29-34-701 — 29-34-709) › Section 29-34-709 - Applicability of part

This part shall apply to all asbestos actions that are filed on or after July 1, 2016.
Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 8 - TENNESSEE COVID-19 RECOVERY ACT (§§ 29-34-801 — 29-34-802) › Section 29-34-801 - [Repealed]

Added by 2020EX2 Tenn. Acts, ch. 1, s 1, eff. 8/17/2020.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 8 - TENNESSEE COVID-19 RECOVERY ACT (§§ 29-34-801 — 29-34-802) › Section 29-34-802 - [Repealed]

Added by 2020EX2 Tenn. Acts, ch. 1, s 1, eff. 8/17/2020.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-101 - Grounds for action

An action lies in the name of the state against the person or corporation offending, in the following cases:
(1)
Whenever any person unlawfully holds or exercises any public office or franchise within this state, or any office in any corporation created by the laws of this state;
(2)
Whenever any public officer has done, or suffered to be done, any act which works a forfeiture of that officer's office;
(3)
When any person acts as a corporation within this state, without being authorized by law; or
(4)
If, being incorporated, they:
(A)
Do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation;
(B)
Exercise powers not conferred by law; or
(C)
Fail to exercise powers conferred by law and essential to the corporate existence.
Code 1858, § 3409 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5165; Code 1932, § 9336; T.C.A. (orig. ed.), § 23-2801.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-102 - Corporate officers - Trustees

The action also lies against the directors, managers, and officers of a corporation, or the trustees of funds given for a public or charitable purpose:
(1)
To bring them to an account for the management and disposition of property entrusted to their care;
(2)
To remove such officers or trustees on proof of misconduct;
(3)
To prevent malversation, peculation, and waste;
(4)
To set aside and restrain improper alienations of such property or funds, and to secure them for the benefit of those interested; and
(5)
Generally to compel faithful performance of duty.
Code 1858, § 3410 (deriv. Acts 1845-1846, ch. 55, § 8); Shan., §5166; Code 1932, § 9337; T.C.A. (orig. ed.), § 23-2802.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-103 - Attachment of corporate property after nonuse or assignment of franchise

A corporation is not dissolved by the nonuse or assignment to others, in whole or in part, of its powers, franchises, and privileges, unless all the corporate property has been appropriated to the payment of its debts; and any creditor, for the creditor and other creditors, whether that creditor has recovered judgment or not, or any stockholder for that stockholder and other stockholders, may file a bill under this chapter, to attach the corporate property, and have such property applied to the payment of the debts of the corporation, and any surplus divided among the stockholders.
Code 1858, § 3431 (deriv. Acts 1851-1852, ch. 172); Shan., § 5187; Code 1932, § 9358; T.C.A. (orig. ed.), § 23-2803.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-104 - Naming proper claimant to office - Adjudication of rights

Whenever the action is brought against a person for usurping an office, in addition to the other allegations, the name of the person rightfully entitled to the office, with a statement of that person's right thereto, may be added, and the trial should, if practicable, determine the right of the contesting parties.
Code 1858, § 3419; Shan., § 5175; Code 1932, § 9346; T.C.A. (orig. ed.), § 23-2804.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-105 - Judgment for claimant to office

If judgment is rendered in favor of such claimant, the court may order the defendant to deliver to the claimant, upon the claimant's qualifying as required by law, all books and papers belonging to the office in defendant's custody, or under defendant's control, and such claimant may thereupon proceed to exercise the functions of the office.
Code 1858, § 3420; Shan., § 5176; Code 1932, § 9347; T.C.A. (orig. ed.), § 23-2805.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-106 - Damages for usurpation of office

Such claimant, on claimant's recovery of the office, may also, at any time within one (1) year thereafter, bring suit against the defendant, and recover the damages claimant has sustained by reason of the act of the defendant.
Code 1858, § 3421; Shan., § 5177; Code 1932, § 9348; T.C.A. (orig. ed.), § 23-2806.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-107 - Adjudication among several claimants to office

When several persons claim to be entitled to the same office or franchise, they may be all made defendants, so as to determine their respective rights.
Code 1858, § 3422; Shan., § 5178; Code 1932, § 9349; T.C.A. (orig. ed.), § 23-2807.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-108 - Election contests

The validity of any election which may be contested under this Code cannot be tried under this chapter.
Code 1858, § 3423; Shan., § 5179; Code 1932, § 9350; T.C.A. (orig. ed.), § 23-2808.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-109 - Officers entitled to bring suit

The suit is brought by the attorney general for the district or county, when directed so to do by the general assembly, or by the governor and attorney general of the state concurring.
Code 1858, § 3412 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5168; Code 1932, § 9339; T.C.A. (orig. ed.), § 23-2809.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-110 - Suit on relation of private individual

(a)
The suit is also brought on the information of any person, upon such person giving security for the costs of the proceedings, to be approved by the clerk of the court in which the bill is filed.
(b)
When the suit is brought at the relation of a private individual, it shall be so stated in the bill and proceedings, and such individual is responsible for costs in case they are not adjudged against the defendant.
Code 1858, §§ 3413, 3414 (deriv. Acts 1845-1846, ch. 55, § 6); Shan., §§ 5169, 5170; Code 1932, §§ 9340, 9341; T.C.A. (orig. ed.), § 23-2810.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-111 - Bill in equity - Venue

The suit is brought by bill in equity, filed in either the circuit or chancery court of the county in which the office is usurped or held, or the corporation or supposed corporation holds its meetings or has its principal place of business.
Code 1858, § 3411 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5167; Code 1932, § 9338; T.C.A. (orig. ed.), § 23-2811.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-112 - Contents of bill - Conduct of suit

(a)
The bill shall set forth briefly, and without technical forms, the grounds upon which the suit is instituted.
(b)
The suit shall be conducted as other suits in equity.
Code 1858, § 3415 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5171; Code 1932, § 9342; T.C.A. (orig. ed.), § 23-2812.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-113 - Extraordinary process

The court is authorized, upon the filing of the bill, properly verified, in all proper cases, to grant attachments and injunctions, and appoint receivers to effect the ends of justice, and to make all such orders, rules, and decrees, according to the practice of a court of chancery, as may be necessary to accomplish the objects had in view.
Code 1858, § 3417 (deriv. Acts 1845-1846, ch. 55, § 8; 1851-1852, ch. 172, §1); Shan., § 5173; Code 1932, § 9344; T.C.A. (orig. ed.), § 23-2813.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-114 - Answer - Evidence in criminal actions

The defendants appear and answer the bill in the usual way, and such answer shall not be read against them in any criminal prosecution brought against them, or either of them.
Code 1858, § 3418 (deriv. Acts 1845-1846, ch. 55, § 9); Shan., §5174; Code 1932, § 9345; T.C.A. (orig. ed.), § 23-2814.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-115 - Issues of fact

Such issues of fact as may become necessary to try by jury in the progress of the cause shall be made up under the direction of the court, and submitted to a jury impaneled forthwith.
Code 1858, § 3416 (deriv. Acts 1845-1846, ch. 55, § 6); Shan., §5172; Code 1932, § 9343; T.C.A. (orig. ed.), § 23-2815.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-116 - Judgment of exclusion from office or franchise

When a defendant, whether a natural person or a corporation, is adjudged guilty of usurping, unlawfully holding, or exercising any office or franchise, judgment shall be rendered that such defendant be excluded from the office or franchise, and that defendant pay the costs.
Code 1858, § 3424; Shan., § 5180; Code 1932, § 9351; T.C.A. (orig. ed.), § 23-2816.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-117 - Judgment of dissolution - Escheat of corporate property

If it be adjudged that a defendant corporation has by neglect, nonuse, abuse or surrender, forfeited its corporate rights, judgment will be rendered that the defendant be altogether excluded from such rights and be dissolved; and in the event the court shall find that the corporation, its stockholders, directors, officers or managers have intentionally impaired or depreciated its assets or property for the purpose of preventing the corporation from efficiently discharging its duty to the public, the property of the corporation shall escheat to the state unless its stockholders, directors, officers or managers, within a reasonable period fixed by the court, restore to the treasury of the corporation a sufficient amount of money or property to enable it to efficiently discharge its duty to the public; and also that the corporation, its directors, or managers, as the case may be, pay the costs.
Code 1858, § 3425; Shan., § 5181; Code 1932, § 9352; Acts 1949, ch. 207, § 1; C. Supp. 1950, § 9352; T.C.A. (orig. ed.), § 23-2817.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-118 - Receiver for corporation in dissolution

Such judgment of dissolution shall not extinguish the debt due to or from the corporation; but the court shall appoint a receiver, with full power to take possession of all the debts and property, and sell, dispose of, collect, and distribute the same among the creditors and other persons interested, under the orders of the court.
Code 1858, § 3426 (deriv. Acts 1845-1846, ch. 55, § 7); Shan., §5182; Code 1932, § 9353; T.C.A. (orig. ed.), § 23-2818.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-119 - Costs paid by state

If such action is at the suit of the state alone, and judgment is for the defendant, or the defendants are insolvent, the costs are to be paid as in other state cases.
Code 1858, § 3427; Shan., § 5183; Code 1932, § 9354; T.C.A. (orig. ed.), § 23-2819.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-120 - Death of relators

(a)
Should the sole relator die pending the action, the suit abates, unless by the second term thereafter it is revived in the name of some person who, on application, and giving security for costs, is substituted in the place of the deceased relator.
(b)
If there are several relators, the suit abates only on the death of all.
(c)
On the abatement of the action as above, judgment shall be rendered against the sureties of the relator for the costs.
Code 1858, §§ 3428, 3429; Shan., §§ 5184, 5185; Code 1932, §§ 9355, 9356; T.C.A. (orig. ed.), § 23-2820.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121) › Section 29-35-121 - Appeal

Either party is entitled to take the case to the proper appellate court as provided by the Tennessee Rules of Appellate Procedure.
Code 1858, § 3430 (deriv. Acts 1845-1846, ch. 55, § 7); Shan., §5186; Code 1932, § 9357; T.C.A. (orig. ed.), § 23-2821; Acts 1981, ch. 449, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 36 - WASTE AND TRESPASS (§§ 29-36-101 — 29-36-105) › Section 29-36-101 - Waste by parol purchaser - Liability for rent

Any person going into possession of land under a parol agreement to purchase, which agreement is subsequently avoided by the person, is liable for waste committed during the person's possession, as well as for reasonable rent.
Code 1858, § 3405 (deriv. Acts 1831, ch. 66, § 1); Shan., § 5160; Code 1932, § 9319; T.C.A. (orig. ed.), § 23-2901.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 36 - WASTE AND TRESPASS (§§ 29-36-101 — 29-36-105) › Section 29-36-102 - Trespass by railroad contractor

Any railroad contractor the railroad contractor's agent or operatives, who wrongfully cuts down, appropriates, or otherwise injures or destroys any growing timber, or wood, or any fence rails, on ground not belonging to the railroad company, shall be liable in damages to the party injured.
Code 1858, § 3407 (deriv. Acts 1857-1858, ch. 65, § 5); Shan., §5162; mod. Code 1932, § 9321; T.C.A. (orig. ed.), § 23-2902.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 36 - WASTE AND TRESPASS (§§ 29-36-101 — 29-36-105) › Section 29-36-103 - Defense of involuntary trespass

It is a good plea to an action for trespass on land, that the defendant disclaims all title to the land, that the trespass was by negligence or involuntary, and that defendant tendered sufficient amount in satisfaction of the same before action brought.
Code 1858, § 3408 (deriv. Acts 1715, ch. 27, § 7); Shan., §5163; mod. Code 1932, § 9322; T.C.A. (orig. ed.), § 23-2903.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 36 - WASTE AND TRESPASS (§§ 29-36-101 — 29-36-105) › Section 29-36-104 - Death of owner of real property - Survival of right of action

When any person entitled to sue for injuries to real property dies before commencing action, it shall be lawful for the personal representative of such party to sue and recover for the benefit of the deceased.
Acts 1877, ch. 111; Shan., § 5164; Code 1932, § 9323; T.C.A. (orig. ed.), § 23-2904.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 36 - WASTE AND TRESPASS (§§ 29-36-101 — 29-36-105) › Section 29-36-105 - Injunction against waste - Damages

Nothing in this chapter shall deprive the person entitled to redress for waste, of the right to enjoin the commission thereof at any time, and recover damages for the waste actually committed.
Code 1858, § 3406 (deriv. Acts 1843-1844, ch. 170, § 2); Shan., §5161; Code 1932, § 9320; T.C.A. (orig. ed.), § 23-2905.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 37 - EQUAL ACCESS TO JUSTICE (§§ 29-37-101 — 29-37-106) › Section 29-37-101 - Short title

This chapter shall be known and may be cited as the "Equal Access to Justice Act of 1984."
Acts 1984, ch. 495, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 37 - EQUAL ACCESS TO JUSTICE (§§ 29-37-101 — 29-37-106) › Section 29-37-102 - Legislative intent

There are occasions when inequities exist between government and small business in terms of the ability with which each is able, without economic hardship, to be properly represented in administrative proceedings and in the courts. As part of the general assembly's continuing efforts to assure fairness and equity to all the citizens of this state, it is the intent of this chapter to offer small business an opportunity for adequate representation in any administrative hearing involving the operation of such business and, where necessary, in the resulting appeal process.
Acts 1984, ch. 495, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 37 - EQUAL ACCESS TO JUSTICE (§§ 29-37-101 — 29-37-106) › Section 29-37-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Fees and other expenses" means those reasonable attorney's fees and expert witness fees as determined by the court plus reasonable expenses and court costs, but does not include any portion of an attorney's fees or salary paid by a unit of local, state, or federal government for the attorney's services in the case;
(2)
"Local government" means an incorporated municipality or county or subdivision of either;
(3)
(A)
"Small business" means a business entity that is:
(i)
A natural person who is licensed by one (1) or more state agencies or boards and whose claim under this chapter arises from such licensing, but the person shall not have a net worth of more than three hundred thousand dollars ($300,000) at the time the civil action is filed;
(ii)
A sole proprietor of an unincorporated business that meets each of the following conditions:
(a)
Whose annual gross receipts do not exceed one million dollars ($1,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and
(b)
Who does not employ more than fifteen (15) persons on a full- time basis on the date the civil action was filed; or
(iii)
A partnership or corporation that meets each of the following conditions:
(a)
Whose annual gross receipts do not exceed two million dollars ($2,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and
(b)
Who does not employ more than thirty (30) persons on a full- time basis on the date the civil action was filed; and
(B)
"Small business" also includes any neighborhood or homeowners' association which is an entity that:
(i)
Is not-for-profit;
(ii)
Is supported solely by contributions, membership fees assessed to residents of a defined geographical area and/or fund-raising activities sponsored by the association; and
(iii)
Does not employ more than ten (10) persons on a full-time basis on the date the civil action was filed; and
(4)
"State agency" means any entity of the state as defined in §
4-5-102
.
Acts 1984, ch. 495, § 3; 1989, ch. 365, §§ 1, 15.