| | This bill creates a uniform prospective remedy for recovery of | economic loss caused by tobacco exposure. Related costs and | legal fees are also recoverable. The liabilities created by the | law apply only to manufacturers and not to other members of the | tobacco industry. |
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| | Manufacturers are prospectively held to a strict liability | standard and are deprived of the contributory negligence defense; | but victims may not recover noneconomic damages. This is | parallel to the trade-off created by workers' compensation laws. | The bill is, in essence, a "tobacco compensation" statute. |
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| | Group losses asserted by the State, insurers or health care | providers are provable on the basis of market share liability | with the aid of certain presumptions that the manufacturers are | permitted to rebut or adjust. |
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| | Remedies contained in the bill are expressly cumulative and | not intended to foreclose remedies that may exist or arise from | interpretations of common law or state or federal laws. Amounts | that may be recovered in prior tobacco settlements are credited | against any losses to which those recoveries pertain. |
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