South Dakota Codified Laws 20-9-43. Exclusions from limitation on cumulative successor asbestos-related liabilities
The provisions of §§ 20-9-39 and 20-9-40 do not apply to any of the following:
(1) Workers’ compensation benefits paid by or on behalf of an employer to an employee under the provisions of Title 62, or a comparable workers’ compensation law of another jurisdiction;
Terms Used In South Dakota Codified Laws 20-9-43
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) Any claim against a corporation that does not constitute a successor asbestos-related liability;
(3) Any obligation under the National Labor Relations Act, 29 U.S.C. § 151, et seq., 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.
Source: SL 2010, ch 110, § 8.