§ 25-21,289.Act, how construed; applicability of act.
Article 21: Special Proceedings and Actions · Last amended 2010 · Last verified July 22, 2026
In one sentenceThis section directs Nebraska courts to construe the Successor Asbestos-Related Liability Act liberally in favor of successor corporations and fixes which asbestos claims the act reaches — those filed on or after July 15, 2010, plus pending claims that had not yet gone to trial by that date.
Full Text of § 25-21,289
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(1) The courts of this state shall construe the provisions of the Successor Asbestos-Related Liability Act liberally with regard to successor corporations.
(2) The act shall apply to all asbestos claims filed against a successor corporation on or after July 15, 2010. The act also shall apply to any pending asbestos claims against a successor corporation in which trial has not commenced as of July 15, 2010, except that any provisions of the act which would be unconstitutional if applied retroactively shall be applied prospectively only.
Source
Laws 2010, LB763, § 7.
Plain-English Summary
Section 25-21,289 tells courts how to read the Successor Asbestos-Related Liability Act: liberally, and with an eye toward protecting successor corporations. That instruction matters because the act limits how much liability a corporation inherits from a predecessor’s asbestos exposure through merger or consolidation, so a court facing an ambiguous provision is directed to lean toward the successor corporation’s position.
The section also marks out which cases the act reaches. It covers every asbestos claim filed against a successor corporation on or after July 15, 2010, and it reaches back to pick up pending claims too — any asbestos claim against a successor corporation in which trial had not yet begun as of that date. The one limit: if applying a provision of the act retroactively to a pending claim would be unconstitutional, courts apply that provision going forward only, not to the pending claim already underway.
Frequently Asked Questions
How are courts supposed to interpret the Successor Asbestos-Related Liability Act?
Liberally, with regard to successor corporations, favoring their position when a provision of the act is open to more than one reading.
Which asbestos claims does the act apply to?
Claims filed against a successor corporation on or after July 15, 2010, plus pending claims against a successor corporation in which trial had not commenced as of that date.
Does the act apply to a case where trial had already started before July 15, 2010?
The act’s reach to pending claims is limited to those in which trial had not commenced by July 15, 2010, so a case already in trial by that date falls outside that reach-back provision.
What if applying a provision of the act retroactively would be unconstitutional?
Any provision that would be unconstitutional if applied retroactively is applied prospectively only, rather than to the already-pending claim.
Why does this section matter to a company sued over a predecessor’s asbestos exposure?
It sets the interpretive lens and the timing rules a court applies before reaching the substantive liability limits in sections 25-21,286 through 25-21,288.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:successor asbestos related liability act constructionact applicability date july 2010liberal construction successor corporationsretroactive application asbestos claims nebraskapending asbestos claims trial not commenced