Bill Text: NY S05108 | 2011-2012 | General Assembly | Amended

New York Senate Bill 5108 (Prior Session Legislation)

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-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5108--A
                              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  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the civil practice law and rules, in relation to the
         undertaking required during the pendency of a stay of enforcement of a
         judgment against tobacco product master settlement agreement  signato-
         ries or their successors or affiliates
         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  PARTICIPATING  OR  NON-PARTICIPATING  MANUFACTURERS  OR THEIR
    5  SUCCESSORS OR AFFILIATES. (A) IN CIVIL LITIGATION UNDER ANY LEGAL THEORY
    6  INVOLVING A PARTICIPATING MANUFACTURER OR A  NON-PARTICIPATING  MANUFAC-
    7  TURER, AS THOSE TERMS ARE DEFINED IN THE MASTER SETTLEMENT AGREEMENT, OR
    8  ANY  OF  THEIR SUCCESSORS OR AFFILIATES, THE UNDERTAKING REQUIRED DURING
    9  THE PENDENCY OF ALL APPEALS OR DISCRETIONARY REVIEWS  BY  ANY  APPELLATE
   10  COURTS  IN ORDER TO STAY THE EXECUTION OF ANY JUDGMENT OR ORDER GRANTING
   11  LEGAL, EQUITABLE OR OTHER RELIEF DURING THE ENTIRE COURSE  OF  APPELLATE
   12  REVIEW,  INCLUDING  REVIEW  BY THE UNITED STATES SUPREME COURT, SHALL BE
   13  SET PURSUANT TO  THE  APPLICABLE  PROVISIONS  OF  LAW  OR  COURT  RULES;
   14  PROVIDED,  HOWEVER THAT THE TOTAL UNDERTAKING REQUIRED OF ALL APPELLANTS
   15  COLLECTIVELY SHALL NOT EXCEED ONE HUNDRED MILLION DOLLARS, REGARDLESS OF
   16  THE VALUE OF THE JUDGMENT APPEALED.
   17    (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
   18  UPON PROOF BY A PREPONDERANCE OF THE EVIDENCE, BY AN APPELLEE,  THAT  AN
   19  APPELLANT  IS DISSIPATING ASSETS OUTSIDE THE COURSE OF ORDINARY BUSINESS
   20  TO AVOID PAYMENT OF A JUDGMENT, A COURT MAY  REQUIRE  THE  APPELLANT  TO
   21  POST A BOND IN AN AMOUNT UP TO THE TOTAL AMOUNT OF THE JUDGMENT.
   22    S  2.  This  act shall take effect on the thirtieth day after it shall
   23  have become a law, and shall apply to any cause of action pending on  or
   24  filed on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11326-03-1