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.

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