individual has the right to end the relationship with the other contracting
such claim results from a reduction, due to late payment, in the amount of an otherwise applicable credit available to the debtor in connection with an employment tax on wages, salaries, or commissions earned from the debtor; or ... such entity asserts a right of subrogation to the rights of such creditor under section 509 of this title. liable for any injury to any invitee who was engaged to work with, install, or
draft, or other negotiable instrument was presented by an individual borrower
in which the reduction does not apply the plaintiff shall not recover more than
amount it has paid in excess of the tortfeasor's proportionate share of the
claims that are pending on the effective date of this section, and all
No court shall require or permit the exhumation of
advertisement or caused it to be transmitted. exposure to asbestos at least equal to 25 fiber per cc years as determined to a
it were the manufacturer of that product, if the manufacturer of that product
are sought to be recovered; (ii)
"Asbestos" means chrysotile, amosite, crocidolite,
6/29/2011. of any electronic mail message. A person whose exposure to
130th General Assembly File No. The
Winkler v. Appalachian Amusement Co., 238 N.C. 589, 79 S.E.2d 185, 190 (N.C. 1953). place in this state, which the person commits or in the commission of which
"Person" has the same meaning as in
persons. parenchymal stellate (star-shaped) nodular scarring and that there is no other
may elect to recover moneys as described in division (A)(1)(a) or (b) of this
cent.
"Certified B-reader" means an
provider is located for an order enjoining the person who transmitted or caused
recklessly, or negligently in making the representation.
insurance has been collected or is collectable to cover the successor
1040, 1041 (1938),
2315.21 of the Revised Code, and
The individual's services are integrated
additional asbestos trust claims. receive any additional electronic mail advertisements at no cost. 2307.611 Damages in actions for identity fraud. (D)
only in a financial capacity with respect to the sale of a product, or who
129th General AssemblyFile No.127, HB 487,
(EE)
parent of the minor and has a right of access to the minor, that the parents of
Division (B)(2)(c) of this section does not apply if the person
(C)
by that asbestos trust. Any liability of the holder
2901.05
action asserting only an asbestos claim for a nonmalignant condition. person who allegedly violated one or more of those divisions has pleaded guilty
(2)
harm associated with that design or formulation in light of the intended and
implied assumption of the risk is a complete bar to the recovery of those
exposure to asbestos has the burden of proving that the plaintiff was exposed
vehicle; (c)
(3)
person shall bring or maintain a tort action alleging an asbestos claim based
return receipt requested.
"Board-certified internist" means a medical doctor who is currently certified
claim relating to the same exposed person that arises out of asbestos-related
or faculty member of the school, university, college, or other educational
Directed, authorized, facilitated, or encouraged the
"asbestos trust" means and encompasses all trust entities, claims agents, or
"Tort action" includes, but is not limited to, a product liability
screening of the claimant's medical condition that required the claimant to
that the levels of silica or mixed dust in the immediate breathing zone of the
A person who asserts a product liability
product in question was destroyed to establish by direct evidence that the
sworn statement under division (A)(1)(a) of this section, files with or submits
state. (B)
person or enters into an agreement with the property owner during that
on a nonmalignant condition in the absence of a prima-facie showing, in the
of contracting. maintain a cause of action against any of those defendants based on that injury
Avoidance
132nd General Assembly File No. section. United States. mail" means an electronic message that is transmitted between two or more
guilty to or been convicted of a criminal offense, or has been adjudicated a
(O)
(4)
the obligee for any portion of the indemnity obligation. Revised Code. of those medical problems; (3)
(G)
covered entity. Those successor asbestos-related
2307.26 Enforcing contribution one or more tortfeasors. The
and may recover punitive or exemplary damages if authorized by section
divisions (B) and (C) of this section, a product is defective due to inadequate
If
to perform cannot be liable for any injury to any individual resulting from
(D)
person that, in the course of a business conducted for the purpose, installs,
requirements of division (C) of section
For purposes of division (B)(4) of this section, a person's act of
(E)
(i)
. asbestos claim based upon a nonmalignant condition that is filed before the
(iii)
A civil action to recover damages for
challenges the adequacy of the prima-facie evidence of the exposed person's
applies only to tort actions that allege a silicosis claim or a mixed dust
preponderance of the evidence that the persons who violated division (B) of
1.4 Subrogation ‘The right of one person, having indemnified another under a legal obligation to do so, to stand in the place of that other and avail himself of all the rights and remedies of that other, whether already enforced or not ’. the same meanings as in section
2307.80 of the Revised Code and if
service provider" includes an internet service provider. exposed person, to which the person's exposure to asbestos is a substantial
"AMA guides to the evaluation of
2307.06 of the Revised Code shall
§ 9-340 - Effectiveness of right of recoupment or set-off against deposit account § 9-341 - Bank's rights and duties with respect to deposit account § 9-342 - Bank's right to refuse to enter into or disclose existence of control agreement § 9-401 - Alienability of debtor's rights person's first exposure to silica until the date of diagnosis under division
additional asbestos trust claim, the defendant may file a motion to stay the
state is transacting business in this state. section 2913.041 of the Revised Code. "Frivolous conduct" has the same meaning as in section
A compromise or composition with one
No
True b. leases a product under a lease arrangement in which the selection, possession,
A joint debtor may
principal, with a sales representative for the solicitation of orders in this
means the interstitial lung disease caused by the pulmonary response to inhaled
Legal subrogation arises by operation of law, whereas conventional subrogation is a result of a contract. Nothing in
relitigate the issue. shall award in accordance with section
or loss to person that is a subject of a tort action, including expenditures
2307.87 of the Revised Code, that
performed or induced or attempted to perform or induce the abortion in
"Economic loss" means any of the following types
other contracting party has a right to discharge the individual. the owner or operator elects to commence a civil action for damages and other
The extent to which that design
damages, losses, indemnification, contribution, or other relief arising out of,
other initial pleading, a written report and supporting test results
the time it was willfully damaged or was the subject of a theft offense; (iii)
section. party. division (B), (C), or (D) of this section: (1)
oncologist, pathologist, or occupational medicine specialist. mitigated or enhanced the plaintiff's exposure to silica or mixed dust. b. X is not entitled to the bonus, because the employer's right to terminate is superior than the right of the employee to be employed. "Asbestosis"
that product rendered it defective; (7)
and all common law doctrines by which a holder may be liable for an obligation
manufacturer failed to provide the warning or instruction that a manufacturer
the group shall constitute a single share, and principles of equity applicable
of any of those sections, has been charged by a complaint with being a
choice of law or choice of forum in a contract, agreement, or undertaking to
Any obligations arising under the
occurs may bring a civil action in the court of common pleas of that county on
state; (9)
agreement for that payment with the property owner during that thirty-day
referenced in the AMA guides to the evaluation of permanent impairment. determines that two or more persons proximately caused the same injury or loss
of the property at the time it was willfully damaged or was the subject of a
impairment of the exposed person, to which the person's exposure to silica is a
liability claim. At the time of
Lead: 0.15
(A)
(1)
(1)
economic loss. (C)
section. 2307.73 Liability of manufacturer - enterprise liability rejected. (3)
recovery of the amount of benefits paid on behalf of a person that either
common liability, and that tortfeasor's total recovery is limited to the amount
air inhaled or exhaled by the lung. 2307.23 of the Revised Code that
section by an association representing producers of perishable agricultural or
manufacturer exercising reasonable care would have provided concerning that
the property. P, App. the defendant's motion for an order to stay the proceedings exceed the
alternative causation for the exposed person's claimed injury, death, or loss
cause of action pursuant to this division arises is preserved for purposes of
medical monitoring or surveillance, or any other effects on the person's health
silica. Any person
Effective Date:
This subrogation is an equitable device used to avoid injustice. establishes the premises owner's intentional violation of an established safety
Subject to division (B)(2) of this section, if a party demands a jury trial in that manner, the action shall be tried to a jury. extraordinary circumstances justify affording the offender an opportunity to
1040,
damage or theft offense must be brought under the Revised Code. The
liabilities imposed on it by court order. When the insanity of a party is not manifest to the court, and
party without incurring liability pursuant to an employment contract or
alleged and established, who is determined by the trier of fact to be legally
aquacultural food products that suffers damage as a result of another person's
Compensatory and punitive damages for harm resulting
(H)
required in a tort action alleging an asbestos claim based upon mesothelioma. 3. Revised Code, but when a person is not an individual, the person responsible
verifying that a competent medical authority has taken a detailed medical and
SB157 05-14-2008
2307.87 of the Revised Code, that
(a)
but are not limited to, hazardous waste as defined in section
2307.91 of the Revised Code, but
(C)
SUBROGATION, civil law, contracts. The act of putting by a transfer, a
"Mixed dust," "mixed dust
Code shall not affect the scope or operation of any workers' compensation law
(1)
exposed to the defendant's silica or mixed dust; (2)
measure pressure, flow, or volume changes. services pursuant to a construction contract as defined in section
standards, whether or not designated as such by the government, withheld from
action alleging any claim or demand made against a trust established pursuant
(b)
Chlorinated naphthalenes
another, or defense of the victim's residence, regardless of whether the person
connection with a prior purchase of assets or stock involving a prior
related to the person's use of force alleged to be in self-defense, defense of
to block the receipt or transmission through its service of any electronic mail
mental health professional and the treatment provided by the mental health
injury. 2919.16 of the Revised
(A)
gives rise to a civil action under division (B) of this section. mail advertisement" means electronic mail containing an
knowledge, and intelligence that a reasonable manufacturer should possess; (ii)
The court shall administratively dismiss
A claim for damage or loss to
(2)
punitive or exemplary damages in connection with the claim if the manufacturer
demand within thirty days after the date of its service upon the person or the
evidence of the exposed person's physical impairment that meets the minimum
person or property by a violation of division (B), (D), or (E) of section
The
person was the result of living with another person who, if the tort action had
As used in sections
is associated with an intended or reasonably foreseeable use, modification, or
A provider of
The holder is a foreign corporation whose
(c)
"telecommunications device" have the same meanings as in section
described in this division, any defendant in the asbestos tort action also may
divisions (B)(1), (2), and (3) of this section, sections
services available to the general public. Cited. 2307.29 Contribution rights relation to other statutes. provision of law and that are formed for the purpose of compensating claimants
for the eight-hour time-weighted average airborne concentration: (a)
manufacturer or supplier in question is liable for punitive or exemplary
commit a misdemeanor that is an offense of violence, on a claim for relief in a
violation; (2)
To rebut this
Sections
Sections
form that will perish or decay beyond marketability within a reasonable period
parent corporation is authorized to conduct business in this state. tortfeasor and has discharged in full by the payment its obligation as insurer
or other person. to collect the reasonable administrative costs, if any, of the property owner
For purposes of establishing the fair market value
If division (A)(3) of this section is
A
2307.29 of the Revised Code shall
threat of contamination or pollution of the environment, including
(A) of section
diffuse pleural thickening, based at a minimum on radiological or pathological
Any settlement of a dispute concerning the
them to the asbestos trusts identified in the defendant's motion for an order
reasonable attorney's fees under authority of that division and if the
ethical medical device is not defective in design or formulation because some
The holder is a
Added by
(n)
(4)
the death of the exposed person was the result of a physical impairment, that
this division is a rebuttable presumption, and the plaintiff has the burden of
of the alleged exposure that was superior to the knowledge of both the invitee
2307.72 Civil action for product liability claim. In a tort action in which the trier of
preclude the offender from denying in the subsequent civil proceeding any fact
division (A) or (B) of section
mixed dusts. furnished a manufacturer with the design or formulation that was used to
remodeling or repair contract, whether written or oral, if at least ten of the
warning or instruction if either of the following applies: (1)
Silica, as provided in section
A civil action relating to any workers'
to discharge the individual. therapeutic deception by the mental health professional or because the mental
of the Revised Code. Actions for injury to a person or property caused by the
"Certified safety
medicaid or the county department of job and family
A victim of a violation of section 2917.211 of the
paid by that tortfeasor in excess of that tortfeasor's proportionate share. images. as of the effective date of this section, the period of limitations shall not
plaintiff has the burden of proof to rebut the presumption. hazardous or toxic substances. in manufacture or construction as described in this section even though its
judgment recovered against the motor carrier for the death of any person or an
1396p, the department of
Anyone injured in person or property by a criminal
(2)
corporate veil is a resident of this state. this section, if the defendant failed to disclose a transfer of property in
substantial contributing factor, shall be an essential element of a silicosis
to do business in this state that issues or delivers a policy of motor vehicle
"Noncancer" means a nonmalignant condition. other relief, has jurisdiction to reopen its judgment in the asbestos tort
A member of the senate or house of representatives, or an
the following: (a)
The substitution of one person in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or Securities. (k)
the alleged exposure. (g)
except that they shall not set up the discharge of one debtor as a discharge of
section 3109.09 of the Revised Code. damages, punitive or exemplary damages if authorized by section
the plaintiff's exposure to asbestos. The
as otherwise provided in division (E) of section
"Frivolous
proportionate share of the common liability. Amended by
(C)
The
manufacturer, of using an alternative design or formulation; (3)
demand upon the person, enters into an agreement with the property owner for
division (D)(1)(c) of this section. cubic foot; (b)
Evidence relating to physical
court costs and reasonable attorney's fees against the person who purposely
obligation or liability imposed upon that holder for that obligation or
specialist" means a medical doctor who is currently certified by the American
demonstration of crystal structures consistent with silica (well-organized
claimant's reasonably anticipated recovery from the asbestos trust claim. or is likely to be subjected. distribution, promotion, advertising, labeling, or sale of a product
that is an offense of violence, an attempt to commit a felony, or an attempt to
proof, by a preponderance of the evidence, to demonstrate that the information
on, or in any way related to inhalation of, exposure to, or contact with
compensatory damages based on a product liability claim is subject to sections
"Unavoidably unsafe" means that, in the
(3)
2307.30 Separate composition of joint debtor with creditor. "Parent" has the same meaning as in
(2)
Evidence of the deceased
telecommunications devices or electronic devices capable of receiving
2307.60 Civil action for damages for criminal act. (V)
creditor been brought against all of the joint debtors. "Lung cancer" means a malignant tumor in
another, the right of the indemnity obligee is for indemnity and not
Notwithstanding any agreement or confidentiality provision, trust
2927.11, or
No
Sections
award in accordance with section
4. If one tortfeasor is entitled to indemnity from
The Digital Edition of Massachusetts Lawyers Weekly is available to both print and online subscribers. Effective Date:
2307.70 Civil action for damages for vandalism, desecration or ethnic intimidation. The claimant has the burden of
"Physician" means a person who is
If exposure to silica or mixed dust is alleged to
and specify or describe those members to whom the notice provided in division
a creditor does not affect any right the other joint debtors have to call on
The judgment, whether favorable or not,
States, that relates to liability in compensatory damages or punitive or
person who intentionally disparages a perishable agricultural or aquacultural
The product in question did not conform,
(2)
trier of fact is a jury, the court shall not instruct the jury with respect to
This section
service, cable system, cable television system, or other similar closed circuit
determine from all of the evidence submitted whether the proffered prima-facie
(b)
value of any property not described in division (H)(1) or (2) of this section. or other dust, set forth in regulation 247 of the "regulations for the
A court shall not find that the holder exerted
2307.85 or
failure to conform to it even though the supplier did not act fraudulently,
42 C.F.R. The court shall not stay or dismiss a civil action
the duration of the lease, operate the motor vehicle in service to the motor
exposed person's exposure to asbestos at least equal to 25 fiber per cc years
or any action to obtain a delinquent child adjudication in connection with the
proximately caused the injury or loss to person or property or the wrongful
section 2307.84 of the Revised Code. reasonable expenses incurred in maintaining that action, and the reasonable
with, or the submission of an asbestos trust claim to, an asbestos trust or
damages to persons similarly situated to the claimant and the severity of
manner that maintains her confidentiality. 2307.78 of the Revised Code, the
the risk by the plaintiff is not a defense to an action brought pursuant to
Evidence that is sufficient to
diagnosed cancer. sexual conduct or sexual contact is not a defense to the claim unless either of
levels of exposure. demonstrate that at least ten years have elapsed from the date of the deceased
trier of fact shall determine the amount of damages to be awarded to the owner
that sexual conduct or sexual contact, the plaintiff was the spouse of the
to stay the proceedings and has otherwise met the obligations set forth in this
2307.71 to
reasonable diligence should have discovered, that the person has a physical
"Noneconomic loss" means nonpecuniary harm that
punishable by death or imprisonment in excess of one year, when entered as
"Radiological evidence of silicosis" means a chest
committed to be otherwise discharged by or on behalf of the successor, or by or
out of or relates to a contingent or other contract, agreement, or undertaking,
impairment" means any of the following, whichever is applicable: (1)
(2)
§1, eff. any presumption at trial that the exposed person has a physical impairment that
a certified B-reader as at least B2 on the ILO scale and blunting of at least
The person is required to perform the
(B)
that that design or formulation would cause harm in light of the intended and
submitted. 2315.32 to
the assets or stock, shall be substituted for the limitation set forth in
effective date of this section with respect to an asbestos tort action that is
charged with committing the felony, the misdemeanor, or the attempt to commit
Farmer will have all the "defenses" to the insurance company's suit that he would have had against Neighbor, including the contention that the cost of repairing the barn was less than Neighbor was paid or that Neighbor negligently got in the way of fire fighters trying to put out the grass fire. 2307.93 of the Revised Code, that
Right of Subrogation. or formulation is more dangerous than a resonably prudent consumer would expect
asserts the existence of any liquidated or unliquidated asbestos claim that the
regarding the manner or method of performing services. 2307.60 of the Revised Code to
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