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NY A07457

Bill

Status

Introduced

5/4/2011

Primary Sponsor

Peter Rivera

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Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Amends Civil Practice Law and Rules by adding Section 5519-A to govern undertakings required during appeals in litigation involving tobacco product Master Settlement Agreement signatories, non-participating manufacturers, or their successors and affiliates

  • Caps the total undertaking required from all appellants collectively at $100 million, regardless of the judgment value, during the pendency of all appeals including review by the United States Supreme Court

  • Allows a court to require an appellant to post a bond up to the full judgment amount if the appellee proves by preponderance of the evidence that the appellant is dissipating assets outside the ordinary course of business to avoid judgment payment

  • Takes effect 30 days after becoming law and applies to any cause of action pending on or filed on or after the effective date

Legislative Description

Limits the undertaking required of tobacco manufacturers and affiliates during appeals of the tobacco master settlement agreement to $100,000,000 for all appellants collectively, unless the appellee proves by a preponderance of the evidence that the appellant is dissipating assets outside the course of normal business.

Last Action

enacting clause stricken

9/4/2012

Committee Referrals

Judiciary5/4/2011

Full Bill Text

No bill text available