50-6a05. Appeal bond staying execution on judgment against signatory to master settlement agreement; order preventing dissipation of assets. - Kansas Statutes

50-6a05

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 6a.--REQUIREMENTS FOR SALE OF CIGARETTES

      50-6a05.   Appeal bond staying execution on judgmentagainst signatory to master settlement agreement; order preventing dissipationof assets.(a) In civil litigation under any legal theory involving a signatory or asuccessor to a signatory of the master settlement agreement, as defined inK.S.A. 50-6a02, and amendments thereto, the maximum appeal bond that anyappellant in the litigation may be required to post to stay execution on ajudgment during an appeal or discretionary review shall be set in accordancewith existing law and court rules, except that in no case shall an appeal bondfor any individual appellant and its successors, individually or collectively,exceed $25,000,000, regardless of the total value of the judgment.

      (b)   If it is proved by a preponderance of the evidence that the appellant forwhom the bond has been limited pursuant to this section is intentionallydissipating or diverting assets outside of the ordinary course of its businessfor the purpose of avoiding payment of the judgment, the court shall entersuch orders as are necessary to prevent the dissipation or diversion ofassets.

      (c)   The amendment to this section shall apply to all cases pending orfiled on and after July 1, 2005.

      History:   L. 2003, ch. 110, § 1;L. 2005, ch. 79, § 1; July 1.