Bill Text: NY S05108 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-06-12 - referred to judiciary [S05108 Detail]
Download: New_York-2011-S05108-Introduced.html
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-06-12 - referred to judiciary [S05108 Detail]
Download: New_York-2011-S05108-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5108 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the undertaking required during the stay of enforcement of the tobacco product master settlement agreement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The civil practice law and rules is amended by adding a new 2 section 5519-a to read as follows: 3 S 5519-A. STAY OF ENFORCEMENT FOR TOBACCO PRODUCT MASTER SETTLEMENT 4 AGREEMENT OR AN AFFILIATE OF SUCH A PARTICIPATING OR NON-PARTICIPATING 5 MANUFACTURER. (A) IN CIVIL LITIGATION UNDER ANY LEGAL THEORY INVOLVING A 6 PARTICIPATING MANUFACTURER OR A NON-PARTICIPATING MANUFACTURER, AS THOSE 7 TERMS ARE DEFINED IN THE MASTER SETTLEMENT AGREEMENT, OR ANY OF THEIR 8 SUCCESSORS OR AFFILIATES, THE UNDERTAKING REQUIRED DURING THE PENDENCY 9 OF ALL APPEALS OR DISCRETIONARY REVIEWS BY ANY APPELLATE COURTS IN ORDER 10 TO STAY THE EXECUTION OF ANY JUDGMENT OR ORDER GRANTING LEGAL, EQUITABLE 11 OR OTHER RELIEF DURING THE ENTIRE COURSE OF APPELLATE REVIEW SHALL BE 12 SET PURSUANT TO THE APPLICABLE PROVISIONS OF LAW OR COURT RULES; 13 PROVIDED, HOWEVER THAT THE TOTAL UNDERTAKING REQUIRED OF ALL APPELLANTS 14 COLLECTIVELY SHALL NOT EXCEED ONE HUNDRED MILLION DOLLARS, REGARDLESS OF 15 THE VALUE OF THE JUDGMENT APPEALED. 16 (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION, 17 UPON PROOF BY A PREPONDERANCE OF THE EVIDENCE, BY AN APPELLEE, THAT AN 18 APPELLANT IS DISSIPATING ASSETS OUTSIDE THE COURSE OF ORDINARY BUSINESS 19 TO AVOID PAYMENT OF A JUDGMENT, A COURT MAY REQUIRE THE APPELLANT TO 20 POST A BOND IN AN AMOUNT UP TO THE TOTAL AMOUNT OF THE JUDGMENT. 21 S 2. This act shall take effect on the thirtieth day after it shall 22 have become a law, and shall apply to any cause of action pending on or 23 filed on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11326-01-1