674-17 Right to sue, individual claims.
§674-17 Right to sue, individual claims. (a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breach of trust which occurred between August 21, […]
674-18 Scope of relief.
§674-18 Scope of relief. In an action under this part the court may award actual damages to a successful claimant. [L 1991, c 323, pt of §1]
674-19 Limitation on actions.
§674-19 Limitation on actions. Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999. [L 1991, c 323, pt of §1; am L 1993, c 351, §12; am L Sp 1995, c 14, §15; am L 1997, c 382, §7]
674-20 No implied liability or award.
§674-20 No implied liability or award. In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought under this part except upon legal evidence that would establish liability against an individual or corporation. [L 1991, c 323, pt of §1; am L […]
674-21 Attorney’s fees and costs.
§674-21 Attorney’s fees and costs. In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney’s fees. [L 1991, c 323, pt of §1; am L 1993, […]
675-1 Findings and purpose.
§675-1 Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These […]
675-2 Definitions.
§675-2 Definitions. (a) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for […]
675-3 Requirements.
§675-3 Requirements. Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this Act shall do one of the following: (a) become a participating manufacturer (as that term is defined in section II(jj) of the Master […]
673-4 Scope of relief.
§673-4 Scope of relief. (a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particular person not […]
674-10 Findings and advisory opinion.
§674-10 Findings and advisory opinion. (a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State. (b) The findings and advisory opinion shall be signed by all members of the panel; provided that any member of the panel […]