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Tex. Civ. Prac. & Rem. Code § 149.003

LIMITATIONS ON SUCCESSOR ASBESTOS-RELATED LIABILITIES

Applied in 2 court decisions — leading case Robinson v. Crown Cork & Seal Co., Inc. (2010)

Most recently applied in Robinson v. Crown Cork & Seal Co., Inc. (October 2010)

Added by Acts 2003, 78th Leg., ch. 204, Sec. 17.01, eff

(a) Except as further limited in Subsection (b), 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) for purposes of determining the limitation of liability of a corporation.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.