59-22-304 - Released claims. - Utah Statutes

59-22-304. Released claims.
(1) "Released Claims," which is referenced in Subsection 59-22-202(7), is defined in theMaster Settlement Agreement as follows:
""Released Claims" means:
(1) for past conduct, acts or omissions, including any damages incurred in the futurearising from such past conduct, acts or omissions, those Claims directly or indirectly based on,arising out of or in any way related, in whole or in part, to (A) the use, sale, distribution,manufacture, development, advertising, marketing or health effects of, (B) the exposure to, or (C)research, statements, or warnings regarding, Tobacco Products, including, but not limited to, theClaims asserted in the actions identified in Exhibit D, or any comparable Claims that were, couldbe or could have been asserted now or in the future in those actions or in any comparable actionin federal, state or local court brought by a Settling State or a Releasing Party, whether or notsuch Settling State or Releasing Party has brought such action, except for claims not asserted inthe actions identified in Exhibit D for outstanding liability under existing licensing, or similar,fee laws or existing tax laws, but not excepting claims for any tax liability of theTobacco-Related Organizations or of any Released Party with respect to such Tobacco-RelatedOrganizations, which claims are covered by the release and covenants set forth in thisAgreement;
(2) for future conduct, acts or omissions, only those monetary Claims directly orindirectly based on, arising out of or in any way related to, in whole or in part, the use of orexposure to Tobacco Products manufactured in the ordinary course of business, includingwithout limitation any future Claims for reimbursement of health care costs allegedly associatedwith the use of or exposure to Tobacco Products."
(2) Exhibit D is a list of the titles and docket numbers of the lawsuits brought by statesagainst tobacco manufacturers and the courts in which those lawsuits were filed as of the datethat the Master Settlement Agreement was entered into.

Amended by Chapter 306, 2007 General Session