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§ 79-33-3. Applicability

MS Code § 79-33-3 (2019) (N/A)
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(1) The limitations in Section 79-33-5 shall apply to the following:

(a) A domestic corporation or a foreign corporation that has had a certificate of authority to transact business in this state and who is or has done business in this state 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 limitations of liability applied under Section 79-33-5(2);

(b) All asbestos claims, including asbestos claims that are pending on April 20, 2004, and all litigation involving asbestos claims, including litigation that is pending on April 20, 2004;

(c) Successors of a corporation to which this chapter applies.

(2) The limitations in Section 79-33-5 shall not apply to:

(a) Workers’ compensation benefits paid by or on behalf of an employer to an employee under this state’s workers’ compensation act or a comparable workers’ compensation law of another jurisdiction;

(b) Any claim against a corporation that does not constitute a successor asbestos-related liability;

(c) An insurance company, as that term is defined in Section 83-5-5; or

(d) Any obligations under the National Labor Relations Act (29 USCS Section 151 et seq.), as amended, or under any collective bargaining agreement.

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§ 79-33-1. Definitions
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§ 79-33-5. Liabilities limited to fair market value of total gross assets at time of merger or consolidation; liabilities assumed or incurred in connection with prior merger or consolidation