§8355.__Recovery of related costs

An entity or individual entitled to recover under this chapter may also recover from liable manufacturers the costs and expenses that are reasonably necessary for effectuating the recovery of economic loss.__These related costs include the fees and expenses for investigation, gathering of data, performance of scientific studies, legal representation, expert consultants and witnesses and costs of court and related proceedings.

§8356.__Presumptions and apportionment

In determining a tobacco manufacturer's proportionate share of liability to the State or other entity under sections 8352 and 8353, the court shall apply evidentiary presumptions in the following manner.

1.__Losses aggregated.__Economic losses may be aggregated and proven on a year-to-year basis.

2.__Share of liability.__It is presumed that a tobacco manufacturer's proportionate share of liability for economic loss in any given year is equal to its percentage share of the total dollar volume of retail tobacco sales in this State for the 3- year period immediately preceding the year in which the economic loss is sustained.

3.__Proof of economic loss.__Proof of economic loss attributable to tobacco use may be based on reliable assessments and expert appraisals for classes of persons affected rather than on proof of causation and damages for each person individually.

4.__Assessment of economic loss.__An assessment of economic loss may be based on reliable epidemiological studies, scientific samplings, statistical surveys and other data for categories or classes of persons reasonably comparable to those for whom such loss has been paid, rather than proof supplied on a person-by- person basis.

5.__Rules.__The commissioner may adopt rules specifying methods by which data may be collected and assessments may be made to determine the extent of each manufacturer's liability and may propose to the court other evidentiary presumptions appropriate to determining liability and damages in any action under this chapter.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

6.__Effect of presumptions.__A tobacco manufacturer may