New Jersey § 52:4d-13
Full text of New Jersey New Jersey Statutes § 52:4d-13, with citation guidance and answers to common questions.
§ 52:4d-13.
a. The Legislature finds and declares that: (1) New Jersey receives hundreds of millions of dollars annually as a result of the
Master Settlement Agreement. These funds have been used to provide important services for the citizens of the
State, including tobacco-use prevention, elder care, pharmaceutical assistance, health
insurance for the working poor, cancer research, and school renovation and construction. If this reliable revenue stream were jeopardized, the State might be forced to cut
many vital services and programs. (2) Recent jury verdicts in private litigation against tobacco manufacturers who were
signatories to the Master Settlement Agreement have resulted in a $145 billion class
action judgment, which is on appeal, and other large judgments. A plaintiff can typically collect such judgments while an appeal is proceeding,
meaning that a defendant's assets can be taken even while it appeals. (3) A defendant can prevent a plaintiff from taking its assets while it appeals in
two ways, by posting a bond under State law or by declaring bankruptcy. If a tobacco company faced with a large judgment could not afford to post a bond
under State law it might be forced to declare bankruptcy, and this could interrupt
the flow of payments to the State under the Master Settlement Agreement. This would hurt the residents of New Jersey. (4) New Jersey law requires a defendant to post a bond at least equal to the full
amount of the judgment. This may not be possible for the signatories to the Master Settlement Agreement
in light of the size of the judgments they are facing. The Legislature finds that it is strongly in the public interest to ensure that
a Master Settlement Agreement signatory has access to a full appeal of an adverse
judgment before its financial soundness, and its payments to the State, are threatened
by the judgment, and thus to ensure that a Master Settlement Agreement signatory is
not forced into bankruptcy due to its inability to post a bond pending appeal of an
adverse judgment. In furtherance of this compelling public interest the Legislature finds that a maximum
appeal bond should be established for cases involving Master Settlement Agreement
signatories, successors and affiliates. (5) The Legislature declares that nothing in this act, P.L.2003, c. 195 ( C.52:4D-13 ), is intended to affect the liability of a tobacco manufacturer in any litigation. This act merely ensures that a Master Settlement Agreement signatory, a successor
of a signatory, or any affiliate of a signatory, can fully appeal an adverse judgment,
thereby avoiding the necessity of seeking a stay in the bankruptcy court. This, in turn, will protect not only New Jersey but all states participating in
the Master Settlement Agreement by preserving the uninterrupted flow of tobacco settlement
revenues. b. In order to secure and protect the monies to be received as a result of the Master
Settlement Agreement, as defined in section 2 of P.L.1999, c. 148 ( C.52:4D-2 ), in civil litigation under any legal theory involving a signatory, a successor of
a signatory, or any affiliate of a signatory to the Master Settlement Agreement, the
appeal bond to be furnished during the pendency of all appeals or discretionary reviews
by any appellate courts in order to stay the execution of any judgment granting legal,
equitable or other relief during the entire course of appellate review shall be set
in accordance with applicable laws or court rules, except that the total appeal bond
that is required of all appellants collectively shall not exceed $50,000,000, regardless
of the value of the judgment. c. Notwithstanding subsection b. of this section, if an appellee proves by a preponderance
of the evidence that an appellant is dissipating assets outside the ordinary course
of business to avoid payment of a judgment, a court may enter orders that: (1) are necessary to protect the appellee; and (2) require the appellant to post a bond in an amount up to the total amount of the
judgment.
Frequently Asked Questions About New Jersey § 52:4d-13
What does New Jersey Statutes § 52:4d-13 cover?
Section 52:4d-13 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 52:4d-13?
A common citation format is "New Jersey Statutes § 52:4d-13" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 52:4d-13 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.