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Assembly Bill A7457A

2011-2012 Legislative Session

Limits the undertaking required of tobacco manufacturers and affiliates during appeals of the tobacco master settlement agreement

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Archive: Last Bill Status - Stricken

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Bill Amendments

2011-A7457 - Details

See Senate Version of this Bill:
S5108
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5519-a, CPLR

2011-A7457 - Summary

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.

2011-A7457 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7457

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred 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:

  Section 1. The civil practice law and rules is amended by adding a new
section 5519-a to read as follows:
  S  5519-A.  STAY  OF ENFORCEMENT FOR TOBACCO PRODUCT MASTER SETTLEMENT
AGREEMENT OR AN AFFILIATE OF SUCH A PARTICIPATING  OR  NON-PARTICIPATING
MANUFACTURER. (A) IN CIVIL LITIGATION UNDER ANY LEGAL THEORY INVOLVING A
PARTICIPATING MANUFACTURER OR A NON-PARTICIPATING MANUFACTURER, AS THOSE
TERMS  ARE  DEFINED  IN THE MASTER SETTLEMENT AGREEMENT, OR ANY OF THEIR
SUCCESSORS OR AFFILIATES, THE UNDERTAKING REQUIRED DURING  THE  PENDENCY
OF ALL APPEALS OR DISCRETIONARY REVIEWS BY ANY APPELLATE COURTS IN ORDER
TO STAY THE EXECUTION OF ANY JUDGMENT OR ORDER GRANTING LEGAL, EQUITABLE
OR  OTHER  RELIEF  DURING THE ENTIRE COURSE OF APPELLATE REVIEW SHALL BE
SET PURSUANT TO  THE  APPLICABLE  PROVISIONS  OF  LAW  OR  COURT  RULES;
PROVIDED,  HOWEVER THAT THE TOTAL UNDERTAKING REQUIRED OF ALL APPELLANTS
COLLECTIVELY SHALL NOT EXCEED ONE HUNDRED MILLION DOLLARS, REGARDLESS OF
THE VALUE OF THE JUDGMENT APPEALED.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
UPON PROOF BY A PREPONDERANCE OF THE EVIDENCE, BY AN APPELLEE,  THAT  AN
APPELLANT  IS DISSIPATING ASSETS OUTSIDE THE COURSE OF ORDINARY BUSINESS
TO AVOID PAYMENT OF A JUDGMENT, A COURT MAY  REQUIRE  THE  APPELLANT  TO
POST A BOND IN AN AMOUNT UP TO THE TOTAL AMOUNT OF THE JUDGMENT.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to any cause of action pending on  or
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

multi-Sponsors

2011-A7457A (ACTIVE) - Details

See Senate Version of this Bill:
S5108
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5519-a, CPLR

2011-A7457A (ACTIVE) - Summary

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.

2011-A7457A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7457--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred 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:

  Section 1. The civil practice law and rules is amended by adding a new
section 5519-a to read as follows:
  S 5519-A. STAY OF ENFORCEMENT FOR TOBACCO  PRODUCT  MASTER  SETTLEMENT
AGREEMENT  PARTICIPATING  OR  NON-PARTICIPATING  MANUFACTURERS  OR THEIR
SUCCESSORS OR AFFILIATES. (A) IN CIVIL LITIGATION UNDER ANY LEGAL THEORY
INVOLVING A PARTICIPATING MANUFACTURER OR A  NON-PARTICIPATING  MANUFAC-
TURER, AS THOSE TERMS ARE DEFINED IN THE MASTER SETTLEMENT AGREEMENT, OR
ANY  OF  THEIR SUCCESSORS OR AFFILIATES, THE UNDERTAKING REQUIRED DURING
THE PENDENCY OF ALL APPEALS OR DISCRETIONARY REVIEWS  BY  ANY  APPELLATE
COURTS  IN ORDER TO STAY THE EXECUTION OF ANY JUDGMENT OR ORDER GRANTING
LEGAL, EQUITABLE OR OTHER RELIEF DURING THE ENTIRE COURSE  OF  APPELLATE
REVIEW,  INCLUDING  REVIEW  BY THE UNITED STATES SUPREME COURT, SHALL BE
SET PURSUANT TO  THE  APPLICABLE  PROVISIONS  OF  LAW  OR  COURT  RULES;
PROVIDED,  HOWEVER THAT THE TOTAL UNDERTAKING REQUIRED OF ALL APPELLANTS
COLLECTIVELY SHALL NOT EXCEED ONE HUNDRED MILLION DOLLARS, REGARDLESS OF
THE VALUE OF THE JUDGMENT APPEALED.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
UPON PROOF BY A PREPONDERANCE OF THE EVIDENCE, BY AN APPELLEE,  THAT  AN
APPELLANT  IS DISSIPATING ASSETS OUTSIDE THE COURSE OF ORDINARY BUSINESS
TO AVOID PAYMENT OF A JUDGMENT, A COURT MAY  REQUIRE  THE  APPELLANT  TO
POST A BOND IN AN AMOUNT UP TO THE TOTAL AMOUNT OF THE JUDGMENT.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to any cause of action pending on  or
filed on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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