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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. [1]
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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. [1]
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 As originally enacted, A.C.A. § 26-57-261 provided, in relevant part, as follows: [2]
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:
A statute of frauds is a form of statute requiring that certain kinds of contracts be memorialized in writing, signed by the party against whom they are to be enforced, with sufficient content to evidence the contract.
An escrow is a contractual arrangement in which a third party receives and disburses money or property for the primary transacting parties, with the disbursement 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.
Excise tax in the United States is an indirect tax on listed items. Excise taxes can be and are made by federal, state, and local governments and are not uniform throughout the United States. Certain goods, such as gasoline, diesel fuel, alcohol, and tobacco products, are taxed by multiple governments simultaneously. Some excise taxes are collected from the producer or retailer and not paid directly by the consumer, and as such, often remain "hidden" in the price of a product or service rather than being listed separately.
A tax lien is a lien which is imposed upon a property by law in order to secure the payment of taxes. A tax lien may be imposed for the purpose of collecting delinquent taxes which are owed on real property or personal property, or it may be imposed as a result of a failure to pay income taxes or it may be imposed as a result of a failure to pay 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.
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale. Under the common law, any owner of property who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition their land by entering a deed poll.
The Tobacco Master Settlement Agreement (MSA) was entered on November 23, 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.
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, § 1342, §§ 1349–1351 and §§ 1511–1519. The Act was previously enacted as section 3679 of the Revised Statutes.
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 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.
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.
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 early 1900s, cigarette usage became increasingly popular when it was sold in mass amounts. 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.
Taxation in Oklahoma takes many forms. Individuals and corporations in Oklahoma are required to pay taxes or fee charges to both levels of government: state and local. Taxes are collected by the government to support the provisions of public services. The Oklahoma Constitution vested the authority to levy taxes with the Oklahoma Legislature while the Oklahoma Tax Commission is the primary Executive agency responsible for collecting taxes.
The University of California, San Francisco (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.
Section 99 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the tenure and retirement age of the provincial superior court judges in Canada.
Section 21 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the composition of the Senate of Canada. The section sets out the total number of senators, currently set at 105. Section 21 originally provided that the Senate would be composed of 72 senators, but that number has gradually increased as new provinces and territories joined Confederation.