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The Tobacco Master Settlement Agreement (MSA) with Alabama is the particular version of the Tobacco MSA that was signed by Alabama, enabled by means of legislation in Alabama, and has been interpreted since then in Alabama courts.
The MSA contained incentives to the Settling States to enact statutes which would require Non-Participating Tobacco Product Manufacturers (NPMs) to place money in escrow each year based on their market shares, such money to be held to settle or pay judgments in possible future lawsuits against them. Arkansas enacted such a law, codified at A.C.A. § 26-57-260 and 261, and referred to as the Escrow Statute. As originally enacted, A.C.A. § 26-57-261 provided, in relevant part, as follows:
Any tobacco product manufacturer selling cigarettes to consumers within the state . . . after the date of enactment of this section, shall do one (1) of the following:
A.C.A. § 26-57-261(a)(2)(B)(ii) was known as the "Allocable Share Refund" provision. It insured that an NPM would not pay more, under the Escrow Statute, than the amount Arkansas would have received from the manufacturer if it had been a PM.
In February 2005, the Arkansas General Assembly amended the Allocable Share Refund provision by Act 384 of 2005. The amended provision (the "Allocable Share Amendment"), is codified at § 26-57-261(a)(2)(B)(ii), and provides as follows:
The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with sufficient content to evidence the contract.
Embezzlement is the act of withholding assets for the purpose of conversion (theft) of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. For example, a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse.
Being in escrow is a contractual arrangement in which a third party receives and disburses money or property for the primary transacting parties, most generally, used with plentiful terms that conduct the rightful actions that follow. The disbursement is dependent on conditions agreed to by the transacting parties. Examples include an account established by a broker for holding funds on behalf of the broker's principal or some other person until the consummation or termination of a transaction; or, a trust account held in the borrower's name to pay obligations such as property taxes and insurance premiums. The word derives from the Old French word escroue, meaning a scrap of paper or a scroll of parchment; this indicated the deed that a third party held until a transaction was completed.
A tax lien is a lien imposed by law upon a property to secure the payment of taxes. A tax lien may be imposed for delinquent taxes owed on real property or personal property, or as a result of failure to pay income taxes or other taxes.
A structured settlement is a negotiated financial or insurance arrangement through which a claimant agrees to resolve a personal injury tort claim by receiving part or all of a settlement in the form of periodic payments on an agreed schedule, rather than as a lump sum. As part of the negotiations, a structured settlement may be offered by the defendant or requested by the plaintiff. Ultimately both parties must agree on the terms of settlement. A settlement may allow the parties to a lawsuit to reduce legal and other costs by avoiding trial. Structured settlements are most widely used in the United States, but are also utilized in Canada, England and Australia.
The Tobacco Master Settlement Agreement (MSA) was entered in November 1998, originally between the four largest United States tobacco companies and the attorneys general of 46 states. The states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related health-care costs. In exchange, the companies agreed to curtail or cease certain tobacco marketing practices, as well as to pay, in perpetuity, various annual payments to the states to compensate them for some of the medical costs of caring for persons with smoking-related illnesses. The money also funds a new anti-smoking advocacy group, called the Truth Initiative, that is responsible for such campaigns as Truth and maintains a public archive of documents resulting from the cases. Study of this archive revealed the "tobacco industry playbook" and its parallels with techniques used in climate change denial.
The Antideficiency Act (ADA) is legislation enacted by the United States Congress to prevent the incurring of obligations or the making of expenditures (outlays) in excess of amounts available in appropriations or funds. The law was initially enacted in 1884, with major amendments occurring in 1950 and 1982. It is now codified at 31 U.S.C. § 1341. The Act is also known as Section 3679 of the Revised Statutes, as amended.
Arkansas Department of Human Services v. Ahlborn, 547 U.S. 268 (2006), was a decision by the Supreme Court of the United States involving the ability of a state agency to claim a personal injury settlement as compensation for Medicaid benefits provided for treatment of the injuries. The Court ruled unanimously that a federal statutory prohibition against liens on personal property to recover Medicaid expenditures applied to settlements, so that only the portion of the settlement that represented payment for past medical expenses could be claimed by the state.
The Statute of Merton or Provisions of Merton, sometimes also known as the Ancient Statute of Merton, was a statute passed by the Parliament of England in 1235 during the reign of Henry III. It is considered to be the first English statute, and is printed as the first statute in The Statutes of the Realm. Containing 11 chapters, the terms of the statute were agreed at Merton between Henry and the barons of England in 1235. It was another instance, along with Magna Carta twenty years previously, of the struggle between the barons and the king to limit the latter's rights.
The Golden LEAF Foundation is a nonprofit corporation based in Rocky Mount, North Carolina in the United States, that was created in 1999 to receive half of the funds coming to North Carolina from the master settlement agreement with cigarette manufacturers. The foundation is now devoted to advancing the economic well being of North Carolinians and to transforming its economy. It works in partnership with local governments, educational institutions, economic development organizations and other public agencies, and nonprofits to achieve this goal.
The Family Smoking Prevention and Tobacco Control Act, is a federal statute in the United States that was signed into law by President Barack Obama on June 22, 2009. The Act gives the Food and Drug Administration the power to regulate the tobacco industry. A signature element of the law imposes new warnings and labels on tobacco packaging and their advertisements, with the goal of discouraging minors and young adults from smoking. The Act also bans flavored cigarettes, places limits on the advertising of tobacco products to minors and requires tobacco companies to seek FDA approval for new tobacco products.
A.D. Bedell Wholesale Co., Inc. v. Philip Morris Inc., 263 F.3d 239, was an early appellate case testing the legality of the Tobacco Master Settlement Agreement (MSA), in this instance whether it could properly be alleged to violate the Sherman Antitrust Act.
Tritent International Corp. v. Commonwealth of Kentucky, 467 F.3d 547, is a US antitrust law case decided by the Court of Appeals on the Sixth Circuit. The case is notable, inter alia, because it provides a summary of the difficult terms of the Tobacco Master Settlement Agreement.
The Tobacco MSA with New York is the particular version of the Tobacco MSA that was signed in New York City, was enabled by means of legislation in New York State, and has been interpreted since then in New York State courts.
The Tobacco MSA with Hawaii is the particular version of the Tobacco MSA that was signed by Hawaii, was enabled by means of legislation of Hawaii, and has been interpreted since then in Hawaii state courts.
The statutory and fiduciary mandate of the State Board of Administration of Florida (SBA) is to invest, manage and safeguard assets of the Florida Retirement System (FRS) Trust Fund as well as the assets of a variety of other funds. The SBA manages 25 different investment funds and trust clients.
United Nations Security Council resolution 778, adopted on 2 October 1992, after recalling resolutions 687 (1991), 688 (1991), 692 (1991), 699 (1991), 706 (1991) and 712 (1991), the Council, acting under Chapter VII, decided to authorise states holding funds from the sale of Iraqi petroleum to transfer funds to the escrow account under resolutions 706 and 712, of which 30 per cent would be transferred to the United Nations Compensation Commission.
Tobacco is an agricultural product acting as a stimulant triggering complex biochemical and neurotransmitter disruptions. Its main ingredient is nicotine and it is present in all cigarettes. Early tobacco usage was for medical cures and religious purposes. In the 1990s, cigarette usage became increasingly popular when it was sold in mass amounts. The popularity of smoking increased and in 1964, the Surgeon General of the United States wrote a report concerning the dangers of cigarette smoking. In the United States, for the past 50 years efforts have been made so that the public should be aware of the risks of tobacco usage.
The Cigarettes and Other Tobacco Products Act, 2003 or COTPA, 2003 is an Act of Parliament of India enacted in 2003 to prohibit advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products in India.
The UCSF Truth Tobacco Industry Documents is a digital archive of tobacco industry documents, funded by Truth Initiative and created and maintained by the University of California, San Francisco. The Library is a part of the larger UCSF Industry Documents Library which also includes the Drug Industry Document Archive, the Food Industry Documents Archive and the Chemical Industry Documents Archive. TTID contains over 14 million documents produced by major tobacco companies and organizations, many of them internal strategic memoranda made public as a consequence of the Tobacco Master Settlement Agreement. The documents deal with the tobacco industry's advertising, manufacturing, marketing, sales, and scientific research activities for the last century. Researchers, journalists, students, and activists interested in tobacco control issues and public health policies use the Library extensively to investigate tobacco industry strategies. Research in this archive revealed the tobacco industry playbook and its parallels with techniques linked to climate change denial.