Arizona Law Limits Asbestos Successor Corporation Liability
Hinshaw Alert | 1 min read
May 8, 2012
Arizona has just provided successor corporations that find themselves sitting as defendants in the asbestos litigation with some welcome news. Recently signed into law by Governor Jan Brewer, the new legislation limits the cumulative liability of a successor corporation for asbestos claims.
In particular, the bill limits the successor corporation’s asbestos liability to the fair market value (FMV) of the total gross assets (TGA) of the transferor corporation at the time of the merger or consolidation. Moreover, the successor corporation may establish the FMV of TGA by reference to: the going concern of the assets; the purchase price attributable or paid for the assets in an “arm’s length transaction"; or, if no other information is available, the value of the assets recorded on a balance sheet. TGA includes the corporation’s “intangible assets.”
The following situations, however, are exempt under the new Arizona law: (1) workers’ compensation benefits paid to the employee; (2) any other claim against a corporation; (3) any obligation under the National Labor Relations Act; and (4) those successor corporations that continued to engage in the business of distributing, installing, manufacturing, mining, removing or selling asbestos-containing products after the date of the merger.
Similar successor corporation asbestos bills have been proposed in several states, including Florida, Massachusetts, South Carolina and Virginia and have passed in 11 states to date. Additional states will likely pass similar versions of the Arizona asbestos bill in the months and years to come.
Download to read: Arizona Legislation on Asbestos Successor Corporation Liability.
For more information, please contact Craig T. Liljestrand or your regular Hinshaw attorney.
Related People
Related Capabilities
Featured Insights

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry




