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
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case






