The settlement agreement contained many “procedural and substantive” provisions, according to Florida’s 3rd District Court of Appeal.
Among them it:
- Waived the statute of limitations.
- Shifted the burden of proof to the tobacco industry.
- Allowed class members to sue individually and prohibited the tobacco industry from attempting to dismiss or challenge individual lawsuits.
- Required that the plaintiffs be provided with a videotaped copy of the class-action trial and permits them to use evidence presented in that trial in their individual lawsuits.
- Required the tobacco industry to support legislation to impose a smoking ban on all international flights.
- Established a $300 million fund to create a foundation for research on the effects of tobacco.
- Required that flight attendants waive claims for punitive damages.
