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Appeal Bond Reform

Many states require defendants to post an appeal bond – sometimes equal to 150 percent of a verdict – in order to secure the right to appeal.

PROBLEM: In an era when billion-dollar verdicts are no longer uncommon, appealing a jury verdict can force an individual, a company, or an industry into bankruptcy.

ATRA's POSITION: ATRA supports appeal bond reform legislation that limits the size of an appeal bond when a company is not liquidating its assets or attempting to flee from justice.

OPPOSITION: The personal injury bar's argument in support of appeal bonds – that appeal bonds secure damages awards owed to a plaintiff – fails to address the hardship imposed by the bonds on defendants who are forced to choose between risking bankruptcy by posting billion-dollar bonds, many of which are ultimately overturned by an appellate court, and forfeiting their right to appeal.

Alabama

Appeal Bond Reform: (1987). Repeals Alabama's affirmance fee rule, which assessed a fee of 10% of the judgment against defendants (but not plaintiffs) who appealed cases and lost.

Appeal Bond Reform: H.B. 220 (2006); Code of Ala. § 6-12-4. Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $125 million.

Arkansas

Appeal Bond Reform: HB 1038 (2003); A.C.A. § 16-55-213 Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Appeal Bond Reform: S.B. 937 (2005). Broadened 2003 law to apply to all causes of action regardless of when they accrued.

Arizona

Appeal Bond Reform: S.B. 1212 (2011), A.R.S. § 12-2108 Limits the amount of an appeal bond to the lesser of the total amount of damages awarded excluding punitive damages, 50% of the appellant's net worth, or $25 million. 

California

Appeal Bond Reform: AB 1752 (2003) Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $150 million and applies to all judgments in civil litigation regardless of legal theory.

Colorado

Appeal Bond Reform: HB 1366 (2003); Amended C.R.S. 13-16-125 Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Florida

Appeal Bond Reform: HB 1721 (2000); Fla. Stat. § 215.56005; Amending Fla. Stat. § 17.41 Limits the amount a defendant can be required to pay to secure the right to appeal punitive damages awards in class actions to the lesser of 10% of the defendants net worth or $100 million.  The reform applies in out‑of‑state judgments during the stay period only.

Appeal Bond Reform: S 2826 (2003); Fla. Stat. § 569.23 Limits the amount that signatories to the Master Settlement Agreement are required to pay to secure the right to appeal to $100 million.

Appeal Bond Reform: H.B. 841 (2006); Fla. Stat. § 45.045 Limits the amount a defendant can be required to pay to secure the right to appeal in any civil action, except for certified class actions subject 768.733, to $50 million.

Appeal Bond Reform: SB 2198 (2009) Limits the amount a defendant can be required to pay to secure the right to appeal to $200 million.  The limit applies to Engle progeny litigation, and creates an overall appeal bond cap for all of these cases combined.  The entities covered by the statute include signatories to the Master Settlement Agreement, successors, and affiliates.

Georgia

Appeal Bond Reform: HB 1346 (2000). Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $25 million. 

Appeal Bond Reform: S.B. 411 (2004) Expands the cap of $25 million on appeal bonds that applied to punitive damages and expanded the cap to cover all forms of judgments in all civil cases.

Hawaii

Appeal Bond Reform: S.B. 2840 (2004) Limits the amount of an appeal bond to $150 million for all judgments against MSA signatories. 

Appeal Bond Reform Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Limits the amount a small business can be required to pay to secure the right to appeal to $1 million.

Iowa

Appeal Bond Reform: S.F. 2306 (2004); Amended Iowa Code § 625A.9. Limits the amount a defendant can be required to pay to secure the right to appeal to $100 million.

Idaho

Appeal Bond Reform: HB 92 (2003). Limits the amount a defendant can be required to pay to secure the right to appeal punitive damages awards in any judgment to only the first of $1,000,000.

Illinois

Appeal Bond Reform: H.B. 5151 (2013) Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $250 million.

Indiana

Appeal Bond Reform: HB 1204 (2002); Ind. Code Ann. § 34-49-5-3. Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Kansas

Appeal Bond Reform: SB 64 (2003). Limits the amount that signatories to the Master Settlement Agreement are required to pay to secure the right to appeal to $25 million.

Appeal Bond Reform: HB 2457 (2005); Amended K.S.A. § 60-2103. Provides that if the appellant proves by a preponderance of the evidence that setting the supersedeas bond at the full amount of the judgment will result in the appellant suffering an undue hardship or a denial of the right to appeal, the court may reduce the amount of the bond as follows: (1) if the judgment is less than or equal to $1 million, the supersedeas bond shall be set at the full amount of the judgment; or (2) if the judgment exceeds $1 million in value, the supersedeas bond shall be set at a total of $1 million plus 25 percent of any amount in excess of $1 million.

Kentucky

Appeal Bond Reform: SB 316 (2000); KRS § 411.187. Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $100 million. 

Appeal Bond Reform: H.B. 426 (2007) Limits the amount of an appeal bond to $100 million for all judgments against all defendants. 

Louisiana

Appeal Bond Reform: HB 1807 (2001); Amended La. C.C.P. Art. 2124. Places a $50 million limit on the amount a signatory to the Master Settlement Agreement must post to obtain a bond during the appeals process.

Appeal Bond Reform: H.B. 1819 (2003); Amended La. R.S. 39:98.6. Broadens 2003 cap to include affiliates of signatories to the Master Settlement Agreement.

Michigan

Appeal Bond Reform: HB 5151 (2002); MCLS § 600.2607. Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Provides that this limit will be adjusted on January 1, 2008 and again on January 1 every five years after that by an amount determined by the state treasurer to reflect the annual aggregate percentage change in the Detroit consumer price index since the previous adjustment.  Provides that a court will rescind the limit if an appellee proves by a preponderance of the evidence that the party for whom the bond to stay execution has been limited is purposefully dissipating or diverting assets outside of the ordinary course of business for the purpose of avoiding ultimate payment of the judgment.

Minnesota

Appeal Bond Reform: H.F. 1425 (2004); Amended Minn. Stat. § 550.36. Limits the amount a defendant can be required to pay to secure the right to appeal to $150 million.       

Missouri

Appeal Bond Reform: S.B. 242 (2003); § 512.085 R.S.Mo. Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

Appeal Bond Reform: H.B. 393 (2005); § 512.099 R.S.Mo. Limits the amount a defendant can be required to pay to secure the right to appeal $50 million.

Mississippi

Appeal Bond Reform: Rule 8 (2001). By rule, the Mississippi Supreme Court imposed a limit on the amount that defendants can be required to post to secure a bond to appeal a punitive damages award to the lesser of: (1) 125 percent of the judgment; (2) 10 percent of the defendants net worth; or (3) $100 million.

Montana

Appeal Bond Cap Reform: H.B. 224 (2013) Limits the amount a defendant can be required to pay to secure the right to appeal to $50 million.

North Carolina

Appeal Bond Reform: SB 2 (2000); Amended N.C. Gen. Stat. § 1C-1750. Places a $25 million limit on bond requirements in punitive damages awards during the appeal process.  Provides that limits on bond appeals for out-of-state judgments apply during the stay period only.

Appeal Bond Reform: S. 784 (2003); Amended N.C. Gen. Stat. § 1-289. Limits the amount a defendant can be required to pay to secure the right to appeal all judgments to $25 million regardless of legal theory.  Provides that foreign judgments cannot be executed in North Carolina if appeal is pending in a foreign jurisdiction or the judgment has been stayed by the court that rendered it and a bond has been posted.

Appeal Bond Reform: SB 33 (2011). The amount of the undertaking that shall be required by the court shall be an amount determined by the court after notice and hearing proper and reasonable for the security of the rights of the adverse party, considering relevant factors, including the following: (1) The amount of the judgment; (2) the amount of the limits of all applicable liability policies of the appellant judgment debtor; and (3) The aggregate net worth of the appellant judgment debtor.

North Dakota

Appeal Bond Reform: SB 2273 (2005); N.D. Cent. Code, § 28-21-25. Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Nebraska

Appeal Bond Reform: L.B. 1207 (2004); Amended R.R.S. Neb. § 25-1916. Limits the amount a defendant can be required to pay to secure the right to appeal to the lesser of the amount of the judgment, 50 percent of the appellant’s net worth, or $50 million.

New Jersey

Appeal Bond Reform: SB 2738 (2003); N.J. Stat. § 52:4D-13 Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

New Mexico

Appeal Bond Reform: S.B. 335 (2007). Limits the amount of an appeal bond to $100 million for all judgments against MSA signatories.  

Nevada

Appeal Bond Reform: AB 576 (2001); Nev. Rev. Stat. Ann. § 20.035. Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

Ohio

Appeal Bond Reform: HB 161 (2002); ORC Ann. 2505.09. Limits the amount a defendant can be required to pay to secure the right to appeal to $50 million.

Oklahoma

Appeal Bond Reform: SB 372 (2001). Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $25 million. 

Appeal Bond Reform: HB 2661 (2004). The court is given discretion to lower the bond if the judgment debtor can show that it is likely to suffer substantial economic harm if required to post a bond in the amount required by statute (which is double the judgment).  Applies to all cases except those involving signatories to the Master Settlement Agreement.

Appeal Bond Reform: H.B. 1275 (2004). Broadens the cap put in place in 2001 to include MSA affiliaties.

Appeal Bond Reform: HB 1603 (2009); 12 Okl. St. § 990.4. Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Eliminates bonding requirement to appeal a punitive damages judgment.

Oregon

Appeal Bond Reform: H.B. 2368 (2003). Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $150 million.

Pennsylvania

Appeal Bond Reform: H.B. 1718 (2003). Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.

Rhode Island

Appeal Bond Reform- S.B. 2509 (2008); R.I. Gen. Laws § 42-133-11.1. Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

South Carolina

Appeal Bond Reform: H. 4823 (2004). Provides that judgments are to be stayed during the appeal of a judgment by signatories to the Master Settlement Agreement.  Such defendants are not required to post an appeal bond.

Appeal Bond Reform: H.B. 3775 (2011) Limits the amount of an appeal bond to $25 million for all judgmnets against defendants with 50+ employees and gross revenue of $5 million, and $1 million for all judgments against all other defendants. 

South Dakota

Appeal Bond Reform: Sup. Ct. Rule 03-13 (2003). The South Dakota Supreme Court promulgated a rule which limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Tennessee

Appeal Bond Reform: SB 1687 (2003). Limits the amount a defendant can be required to pay to secure the right to appeal to $75 million.

Appeal Bond Reform: HB 2008 / SB 1522 (2011); Tenn. Code Ann. § 27-1-124. Lowers the amount a defendant can be required to pay to appeal a decision from $75 million to $25 million not to exceed 125% of the judgment.

Texas

Appeal Bond Reform: HB 4 (2003). Limits the amount a defendant can be required to pay to secure the right to appeal to the lesser of 50% of a defendant’s net worth or $25 million.  Provides that defendants are no longer required to post a bond to appeal punitive damages.  Provides that foreign judgments cannot be executed in Texas if appeal is pending in a foreign jurisdiction and a bond has been or will be posted.

Utah

Appeal Bond Reform: Sup. Ct. Order 2005-03-22 (2005). The Utah Supreme Court imposed a limit on the amount a defendant can be required to pay to secure the right to appeal by amending UCRP governing appeal bonds.  The limitations are: (1) $25 million for compensatory damages, applied to class actions and actions involving multiple plaintiffs where damages are not proved for each plaintiff individually; (2) $0 for punitive damages, applied to all actions and eliminates bond requirements for appealing a punitive damage award.

Virginia

Appeal Bond Reform: HB 1547 (2000). Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $25 million.  Applies in out‑of‑state judgments during the stay period only.

Appeal Bond Reform: H.B. 430/S.B. 172 (2004). Expands limit of $25 million on appeal bond amounts for punitive damages to apply to appeal bond amounts for all forms of damages.

Washington

Appeal Bond Reform: S.B. 6541 (2006). Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.

Wisconsin

Appeal Bond Reform: A.B. 548 (2003). Limits the amount a defendant can be required to pay to secure the right to appeal to $100 million.

West Virginia

Appeal Bond Reform: SB 661 (2001). Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.  This limit applies to all damages except punitive damages.

Appeal Bond Reform: SB 671: (2004). Broadens the $100 million limit from 2001 to include punitive damage awards.

Appeal Bond Reform: H.B. 194 (2007) Limits the amount of an appeal bond to $50 million for all judgments against all defendants.

Wyoming

Appeal Bond Reform: H.B. 196 (2007). Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million. For small businesses, defined as having 50 or fewer employees, limits the amount to secure the right to appeal to $2 million.

2013
Montana
Appeal Bond Cap Reform: H.B. 224 (2013)

Limits the amount a defendant can be required to pay to secure the right to appeal to $50 million.

2013
Illinois
Appeal Bond Reform: H.B. 5151 (2013)

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $250 million.

2011
Arizona
Appeal Bond Reform: S.B. 1212 (2011), A.R.S. § 12-2108

Limits the amount of an appeal bond to the lesser of the total amount of damages awarded excluding punitive damages, 50% of the appellant's net worth, or $25 million. 

2011
Tennessee
Appeal Bond Reform: HB 2008 / SB 1522 (2011); Tenn. Code Ann. § 27-1-124.

Lowers the amount a defendant can be required to pay to appeal a decision from $75 million to $25 million not to exceed 125% of the judgment.

2011
South Carolina
Appeal Bond Reform: H.B. 3775 (2011)

Limits the amount of an appeal bond to $25 million for all judgmnets against defendants with 50+ employees and gross revenue of $5 million, and $1 million for all judgments against all other defendants. 

2011
North Carolina
Appeal Bond Reform: SB 33 (2011).

The amount of the undertaking that shall be required by the court shall be an amount determined by the court after notice and hearing proper and reasonable for the security of the rights of the adverse party, considering relevant factors, including the following: (1) The amount of the judgment; (2) the amount of the limits of all applicable liability policies of the appellant judgment debtor; and (3) The aggregate net worth of the appellant judgment debtor.

2009
Oklahoma
Appeal Bond Reform: HB 1603 (2009); 12 Okl. St. § 990.4.

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Eliminates bonding requirement to appeal a punitive damages judgment.

2009
Florida
Appeal Bond Reform: SB 2198 (2009)

Limits the amount a defendant can be required to pay to secure the right to appeal to $200 million.  The limit applies to Engle progeny litigation, and creates an overall appeal bond cap for all of these cases combined.  The entities covered by the statute include signatories to the Master Settlement Agreement, successors, and affiliates.

2008
Rhode Island
Appeal Bond Reform- S.B. 2509 (2008); R.I. Gen. Laws § 42-133-11.1.

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

2007
Wyoming
Appeal Bond Reform: H.B. 196 (2007).

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million. For small businesses, defined as having 50 or fewer employees, limits the amount to secure the right to appeal to $2 million.

2007
Kentucky
Appeal Bond Reform: H.B. 426 (2007)

Limits the amount of an appeal bond to $100 million for all judgments against all defendants. 

2007
New Mexico
Appeal Bond Reform: S.B. 335 (2007).

Limits the amount of an appeal bond to $100 million for all judgments against MSA signatories.  

2007
West Virginia
Appeal Bond Reform: H.B. 194 (2007)

Limits the amount of an appeal bond to $50 million for all judgments against all defendants.

2006
Hawaii
Appeal Bond Reform

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Limits the amount a small business can be required to pay to secure the right to appeal to $1 million.

2006
Washington
Appeal Bond Reform: S.B. 6541 (2006).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.

2006
Alabama
Appeal Bond Reform: H.B. 220 (2006); Code of Ala. § 6-12-4.

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $125 million.

2006
Florida
Appeal Bond Reform: H.B. 841 (2006); Fla. Stat. § 45.045

Limits the amount a defendant can be required to pay to secure the right to appeal in any civil action, except for certified class actions subject 768.733, to $50 million.

2005
North Dakota
Appeal Bond Reform: SB 2273 (2005); N.D. Cent. Code, § 28-21-25.

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

2005
Kansas
Appeal Bond Reform: HB 2457 (2005); Amended K.S.A. § 60-2103.

Provides that if the appellant proves by a preponderance of the evidence that setting the supersedeas bond at the full amount of the judgment will result in the appellant suffering an undue hardship or a denial of the right to appeal, the court may reduce the amount of the bond as follows: (1) if the judgment is less than or equal to $1 million, the supersedeas bond shall be set at the full amount of the judgment; or (2) if the judgment exceeds $1 million in value, the supersedeas bond shall be set at a total of $1 million plus 25 percent of any amount in excess of $1 million.

2005
Arkansas
Appeal Bond Reform: S.B. 937 (2005).

Broadened 2003 law to apply to all causes of action regardless of when they accrued.

2005
Missouri
Appeal Bond Reform: H.B. 393 (2005); § 512.099 R.S.Mo.

Limits the amount a defendant can be required to pay to secure the right to appeal $50 million.

2005
Utah
Appeal Bond Reform: Sup. Ct. Order 2005-03-22 (2005).

The Utah Supreme Court imposed a limit on the amount a defendant can be required to pay to secure the right to appeal by amending UCRP governing appeal bonds.  The limitations are: (1) $25 million for compensatory damages, applied to class actions and actions involving multiple plaintiffs where damages are not proved for each plaintiff individually; (2) $0 for punitive damages, applied to all actions and eliminates bond requirements for appealing a punitive damage award.

2004
Indiana
Appeal Bond Reform: HB 1204 (2002); Ind. Code Ann. § 34-49-5-3.

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

2004
Iowa
Appeal Bond Reform: S.F. 2306 (2004); Amended Iowa Code § 625A.9.

Limits the amount a defendant can be required to pay to secure the right to appeal to $100 million.

2004
West Virginia
Appeal Bond Reform: SB 671: (2004).

Broadens the $100 million limit from 2001 to include punitive damage awards.

2004
Oklahoma
Appeal Bond Reform: HB 2661 (2004).

The court is given discretion to lower the bond if the judgment debtor can show that it is likely to suffer substantial economic harm if required to post a bond in the amount required by statute (which is double the judgment).  Applies to all cases except those involving signatories to the Master Settlement Agreement.

2004
South Carolina
Appeal Bond Reform: H. 4823 (2004).

Provides that judgments are to be stayed during the appeal of a judgment by signatories to the Master Settlement Agreement.  Such defendants are not required to post an appeal bond.

2004
Minnesota
Appeal Bond Reform: H.F. 1425 (2004); Amended Minn. Stat. § 550.36.

Limits the amount a defendant can be required to pay to secure the right to appeal to $150 million.       

2004
Hawaii
Appeal Bond Reform: S.B. 2840 (2004)

Limits the amount of an appeal bond to $150 million for all judgments against MSA signatories. 

2004
Georgia
Appeal Bond Reform: S.B. 411 (2004)

Expands the cap of $25 million on appeal bonds that applied to punitive damages and expanded the cap to cover all forms of judgments in all civil cases.

2004
Nebraska
Appeal Bond Reform: L.B. 1207 (2004); Amended R.R.S. Neb. § 25-1916.

Limits the amount a defendant can be required to pay to secure the right to appeal to the lesser of the amount of the judgment, 50 percent of the appellant’s net worth, or $50 million.

2004
Oklahoma
Appeal Bond Reform: H.B. 1275 (2004).

Broadens the cap put in place in 2001 to include MSA affiliaties.

2004
Virginia
Appeal Bond Reform: H.B. 430/S.B. 172 (2004).

Expands limit of $25 million on appeal bond amounts for punitive damages to apply to appeal bond amounts for all forms of damages.

2003
New Jersey
Appeal Bond Reform: SB 2738 (2003); N.J. Stat. § 52:4D-13

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

2003
Kansas
Appeal Bond Reform: SB 64 (2003).

Limits the amount that signatories to the Master Settlement Agreement are required to pay to secure the right to appeal to $25 million.

2003
Wisconsin
Appeal Bond Reform: A.B. 548 (2003).

Limits the amount a defendant can be required to pay to secure the right to appeal to $100 million.

2003
Louisiana
Appeal Bond Reform: H.B. 1819 (2003); Amended La. R.S. 39:98.6.

Broadens 2003 cap to include affiliates of signatories to the Master Settlement Agreement.

2003
Arkansas
Appeal Bond Reform: HB 1038 (2003); A.C.A. § 16-55-213

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

2003
California
Appeal Bond Reform: AB 1752 (2003)

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $150 million and applies to all judgments in civil litigation regardless of legal theory.

2003
Oregon
Appeal Bond Reform: H.B. 2368 (2003).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $150 million.

2003
Colorado
Appeal Bond Reform: HB 1366 (2003); Amended C.R.S. 13-16-125

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

2003
Pennsylvania
Appeal Bond Reform: H.B. 1718 (2003).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.

2003
South Dakota
Appeal Bond Reform: Sup. Ct. Rule 03-13 (2003).

The South Dakota Supreme Court promulgated a rule which limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

2003
Florida
Appeal Bond Reform: S 2826 (2003); Fla. Stat. § 569.23

Limits the amount that signatories to the Master Settlement Agreement are required to pay to secure the right to appeal to $100 million.

2003
Tennessee
Appeal Bond Reform: SB 1687 (2003).

Limits the amount a defendant can be required to pay to secure the right to appeal to $75 million.

2003
Missouri
Appeal Bond Reform: S.B. 242 (2003); § 512.085 R.S.Mo.

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

2003
Texas
Appeal Bond Reform: HB 4 (2003).

Limits the amount a defendant can be required to pay to secure the right to appeal to the lesser of 50% of a defendant’s net worth or $25 million.  Provides that defendants are no longer required to post a bond to appeal punitive damages.  Provides that foreign judgments cannot be executed in Texas if appeal is pending in a foreign jurisdiction and a bond has been or will be posted.

2003
Idaho
Appeal Bond Reform: HB 92 (2003).

Limits the amount a defendant can be required to pay to secure the right to appeal punitive damages awards in any judgment to only the first of $1,000,000.

2003
North Carolina
Appeal Bond Reform: S. 784 (2003); Amended N.C. Gen. Stat. § 1-289.

Limits the amount a defendant can be required to pay to secure the right to appeal all judgments to $25 million regardless of legal theory.  Provides that foreign judgments cannot be executed in North Carolina if appeal is pending in a foreign jurisdiction or the judgment has been stayed by the court that rendered it and a bond has been posted.

2002
Ohio
Appeal Bond Reform: HB 161 (2002); ORC Ann. 2505.09.

Limits the amount a defendant can be required to pay to secure the right to appeal to $50 million.

2002
Michigan
Appeal Bond Reform: HB 5151 (2002); MCLS § 600.2607.

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Provides that this limit will be adjusted on January 1, 2008 and again on January 1 every five years after that by an amount determined by the state treasurer to reflect the annual aggregate percentage change in the Detroit consumer price index since the previous adjustment.  Provides that a court will rescind the limit if an appellee proves by a preponderance of the evidence that the party for whom the bond to stay execution has been limited is purposefully dissipating or diverting assets outside of the ordinary course of business for the purpose of avoiding ultimate payment of the judgment.

2001
West Virginia
Appeal Bond Reform: SB 661 (2001).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.  This limit applies to all damages except punitive damages.

2001
Oklahoma
Appeal Bond Reform: SB 372 (2001).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $25 million. 

2001
Louisiana
Appeal Bond Reform: HB 1807 (2001); Amended La. C.C.P. Art. 2124.

Places a $50 million limit on the amount a signatory to the Master Settlement Agreement must post to obtain a bond during the appeals process.

2001
Mississippi
Appeal Bond Reform: Rule 8 (2001).

By rule, the Mississippi Supreme Court imposed a limit on the amount that defendants can be required to post to secure a bond to appeal a punitive damages award to the lesser of: (1) 125 percent of the judgment; (2) 10 percent of the defendants net worth; or (3) $100 million.

2001
Nevada
Appeal Bond Reform: AB 576 (2001); Nev. Rev. Stat. Ann. § 20.035.

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

2000
North Carolina
Appeal Bond Reform: SB 2 (2000); Amended N.C. Gen. Stat. § 1C-1750.

Places a $25 million limit on bond requirements in punitive damages awards during the appeal process.  Provides that limits on bond appeals for out-of-state judgments apply during the stay period only.

2000
Kentucky
Appeal Bond Reform: SB 316 (2000); KRS § 411.187.

Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $100 million. 

2000
Florida
Appeal Bond Reform: HB 1721 (2000); Fla. Stat. § 215.56005; Amending Fla. Stat. § 17.41

Limits the amount a defendant can be required to pay to secure the right to appeal punitive damages awards in class actions to the lesser of 10% of the defendants net worth or $100 million.  The reform applies in out‑of‑state judgments during the stay period only.

2000
Georgia
Appeal Bond Reform: HB 1346 (2000).

Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $25 million. 

2000
Virginia
Appeal Bond Reform: HB 1547 (2000).

Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $25 million.  Applies in out‑of‑state judgments during the stay period only.

1987
Alabama
Appeal Bond Reform: (1987).

Repeals Alabama's affirmance fee rule, which assessed a fee of 10% of the judgment against defendants (but not plaintiffs) who appealed cases and lost.

Constitutionality: Unchallenged

Montana
Appeal Bond Cap Reform: H.B. 224 (2013)

Limits the amount a defendant can be required to pay to secure the right to appeal to $50 million.

Illinois
Appeal Bond Reform: H.B. 5151 (2013)

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $250 million.

Arizona
Appeal Bond Reform: S.B. 1212 (2011), A.R.S. § 12-2108

Limits the amount of an appeal bond to the lesser of the total amount of damages awarded excluding punitive damages, 50% of the appellant's net worth, or $25 million. 

Tennessee
Appeal Bond Reform: HB 2008 / SB 1522 (2011); Tenn. Code Ann. § 27-1-124.

Lowers the amount a defendant can be required to pay to appeal a decision from $75 million to $25 million not to exceed 125% of the judgment.

South Carolina
Appeal Bond Reform: H.B. 3775 (2011)

Limits the amount of an appeal bond to $25 million for all judgmnets against defendants with 50+ employees and gross revenue of $5 million, and $1 million for all judgments against all other defendants. 

North Carolina
Appeal Bond Reform: SB 33 (2011).

The amount of the undertaking that shall be required by the court shall be an amount determined by the court after notice and hearing proper and reasonable for the security of the rights of the adverse party, considering relevant factors, including the following: (1) The amount of the judgment; (2) the amount of the limits of all applicable liability policies of the appellant judgment debtor; and (3) The aggregate net worth of the appellant judgment debtor.

Florida
Appeal Bond Reform: SB 2198 (2009)

Limits the amount a defendant can be required to pay to secure the right to appeal to $200 million.  The limit applies to Engle progeny litigation, and creates an overall appeal bond cap for all of these cases combined.  The entities covered by the statute include signatories to the Master Settlement Agreement, successors, and affiliates.

Rhode Island
Appeal Bond Reform- S.B. 2509 (2008); R.I. Gen. Laws § 42-133-11.1.

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

Wyoming
Appeal Bond Reform: H.B. 196 (2007).

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million. For small businesses, defined as having 50 or fewer employees, limits the amount to secure the right to appeal to $2 million.

Kentucky
Appeal Bond Reform: H.B. 426 (2007)

Limits the amount of an appeal bond to $100 million for all judgments against all defendants. 

New Mexico
Appeal Bond Reform: S.B. 335 (2007).

Limits the amount of an appeal bond to $100 million for all judgments against MSA signatories.  

West Virginia
Appeal Bond Reform: H.B. 194 (2007)

Limits the amount of an appeal bond to $50 million for all judgments against all defendants.

Washington
Appeal Bond Reform: S.B. 6541 (2006).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.

Alabama
Appeal Bond Reform: H.B. 220 (2006); Code of Ala. § 6-12-4.

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $125 million.

Florida
Appeal Bond Reform: H.B. 841 (2006); Fla. Stat. § 45.045

Limits the amount a defendant can be required to pay to secure the right to appeal in any civil action, except for certified class actions subject 768.733, to $50 million.

North Dakota
Appeal Bond Reform: SB 2273 (2005); N.D. Cent. Code, § 28-21-25.

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Kansas
Appeal Bond Reform: HB 2457 (2005); Amended K.S.A. § 60-2103.

Provides that if the appellant proves by a preponderance of the evidence that setting the supersedeas bond at the full amount of the judgment will result in the appellant suffering an undue hardship or a denial of the right to appeal, the court may reduce the amount of the bond as follows: (1) if the judgment is less than or equal to $1 million, the supersedeas bond shall be set at the full amount of the judgment; or (2) if the judgment exceeds $1 million in value, the supersedeas bond shall be set at a total of $1 million plus 25 percent of any amount in excess of $1 million.

Arkansas
Appeal Bond Reform: S.B. 937 (2005).

Broadened 2003 law to apply to all causes of action regardless of when they accrued.

Missouri
Appeal Bond Reform: H.B. 393 (2005); § 512.099 R.S.Mo.

Limits the amount a defendant can be required to pay to secure the right to appeal $50 million.

Utah
Appeal Bond Reform: Sup. Ct. Order 2005-03-22 (2005).

The Utah Supreme Court imposed a limit on the amount a defendant can be required to pay to secure the right to appeal by amending UCRP governing appeal bonds.  The limitations are: (1) $25 million for compensatory damages, applied to class actions and actions involving multiple plaintiffs where damages are not proved for each plaintiff individually; (2) $0 for punitive damages, applied to all actions and eliminates bond requirements for appealing a punitive damage award.

Indiana
Appeal Bond Reform: HB 1204 (2002); Ind. Code Ann. § 34-49-5-3.

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Iowa
Appeal Bond Reform: S.F. 2306 (2004); Amended Iowa Code § 625A.9.

Limits the amount a defendant can be required to pay to secure the right to appeal to $100 million.

West Virginia
Appeal Bond Reform: SB 671: (2004).

Broadens the $100 million limit from 2001 to include punitive damage awards.

Oklahoma
Appeal Bond Reform: HB 2661 (2004).

The court is given discretion to lower the bond if the judgment debtor can show that it is likely to suffer substantial economic harm if required to post a bond in the amount required by statute (which is double the judgment).  Applies to all cases except those involving signatories to the Master Settlement Agreement.

South Carolina
Appeal Bond Reform: H. 4823 (2004).

Provides that judgments are to be stayed during the appeal of a judgment by signatories to the Master Settlement Agreement.  Such defendants are not required to post an appeal bond.

Minnesota
Appeal Bond Reform: H.F. 1425 (2004); Amended Minn. Stat. § 550.36.

Limits the amount a defendant can be required to pay to secure the right to appeal to $150 million.       

Hawaii
Appeal Bond Reform: S.B. 2840 (2004)

Limits the amount of an appeal bond to $150 million for all judgments against MSA signatories. 

Georgia
Appeal Bond Reform: S.B. 411 (2004)

Expands the cap of $25 million on appeal bonds that applied to punitive damages and expanded the cap to cover all forms of judgments in all civil cases.

Nebraska
Appeal Bond Reform: L.B. 1207 (2004); Amended R.R.S. Neb. § 25-1916.

Limits the amount a defendant can be required to pay to secure the right to appeal to the lesser of the amount of the judgment, 50 percent of the appellant’s net worth, or $50 million.

Oklahoma
Appeal Bond Reform: H.B. 1275 (2004).

Broadens the cap put in place in 2001 to include MSA affiliaties.

Virginia
Appeal Bond Reform: H.B. 430/S.B. 172 (2004).

Expands limit of $25 million on appeal bond amounts for punitive damages to apply to appeal bond amounts for all forms of damages.

New Jersey
Appeal Bond Reform: SB 2738 (2003); N.J. Stat. § 52:4D-13

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

Kansas
Appeal Bond Reform: SB 64 (2003).

Limits the amount that signatories to the Master Settlement Agreement are required to pay to secure the right to appeal to $25 million.

Wisconsin
Appeal Bond Reform: A.B. 548 (2003).

Limits the amount a defendant can be required to pay to secure the right to appeal to $100 million.

Louisiana
Appeal Bond Reform: H.B. 1819 (2003); Amended La. R.S. 39:98.6.

Broadens 2003 cap to include affiliates of signatories to the Master Settlement Agreement.

Arkansas
Appeal Bond Reform: HB 1038 (2003); A.C.A. § 16-55-213

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

California
Appeal Bond Reform: AB 1752 (2003)

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $150 million and applies to all judgments in civil litigation regardless of legal theory.

Oregon
Appeal Bond Reform: H.B. 2368 (2003).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $150 million.

Colorado
Appeal Bond Reform: HB 1366 (2003); Amended C.R.S. 13-16-125

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Pennsylvania
Appeal Bond Reform: H.B. 1718 (2003).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.

South Dakota
Appeal Bond Reform: Sup. Ct. Rule 03-13 (2003).

The South Dakota Supreme Court promulgated a rule which limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Florida
Appeal Bond Reform: S 2826 (2003); Fla. Stat. § 569.23

Limits the amount that signatories to the Master Settlement Agreement are required to pay to secure the right to appeal to $100 million.

Tennessee
Appeal Bond Reform: SB 1687 (2003).

Limits the amount a defendant can be required to pay to secure the right to appeal to $75 million.

Missouri
Appeal Bond Reform: S.B. 242 (2003); § 512.085 R.S.Mo.

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

Texas
Appeal Bond Reform: HB 4 (2003).

Limits the amount a defendant can be required to pay to secure the right to appeal to the lesser of 50% of a defendant’s net worth or $25 million.  Provides that defendants are no longer required to post a bond to appeal punitive damages.  Provides that foreign judgments cannot be executed in Texas if appeal is pending in a foreign jurisdiction and a bond has been or will be posted.

Idaho
Appeal Bond Reform: HB 92 (2003).

Limits the amount a defendant can be required to pay to secure the right to appeal punitive damages awards in any judgment to only the first of $1,000,000.

North Carolina
Appeal Bond Reform: S. 784 (2003); Amended N.C. Gen. Stat. § 1-289.

Limits the amount a defendant can be required to pay to secure the right to appeal all judgments to $25 million regardless of legal theory.  Provides that foreign judgments cannot be executed in North Carolina if appeal is pending in a foreign jurisdiction or the judgment has been stayed by the court that rendered it and a bond has been posted.

Ohio
Appeal Bond Reform: HB 161 (2002); ORC Ann. 2505.09.

Limits the amount a defendant can be required to pay to secure the right to appeal to $50 million.

Michigan
Appeal Bond Reform: HB 5151 (2002); MCLS § 600.2607.

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Provides that this limit will be adjusted on January 1, 2008 and again on January 1 every five years after that by an amount determined by the state treasurer to reflect the annual aggregate percentage change in the Detroit consumer price index since the previous adjustment.  Provides that a court will rescind the limit if an appellee proves by a preponderance of the evidence that the party for whom the bond to stay execution has been limited is purposefully dissipating or diverting assets outside of the ordinary course of business for the purpose of avoiding ultimate payment of the judgment.

West Virginia
Appeal Bond Reform: SB 661 (2001).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $100 million.  This limit applies to all damages except punitive damages.

Oklahoma
Appeal Bond Reform: SB 372 (2001).

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $25 million. 

Louisiana
Appeal Bond Reform: HB 1807 (2001); Amended La. C.C.P. Art. 2124.

Places a $50 million limit on the amount a signatory to the Master Settlement Agreement must post to obtain a bond during the appeals process.

Mississippi
Appeal Bond Reform: Rule 8 (2001).

By rule, the Mississippi Supreme Court imposed a limit on the amount that defendants can be required to post to secure a bond to appeal a punitive damages award to the lesser of: (1) 125 percent of the judgment; (2) 10 percent of the defendants net worth; or (3) $100 million.

Nevada
Appeal Bond Reform: AB 576 (2001); Nev. Rev. Stat. Ann. § 20.035.

Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $50 million.

North Carolina
Appeal Bond Reform: SB 2 (2000); Amended N.C. Gen. Stat. § 1C-1750.

Places a $25 million limit on bond requirements in punitive damages awards during the appeal process.  Provides that limits on bond appeals for out-of-state judgments apply during the stay period only.

Kentucky
Appeal Bond Reform: SB 316 (2000); KRS § 411.187.

Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $100 million. 

Florida
Appeal Bond Reform: HB 1721 (2000); Fla. Stat. § 215.56005; Amending Fla. Stat. § 17.41

Limits the amount a defendant can be required to pay to secure the right to appeal punitive damages awards in class actions to the lesser of 10% of the defendants net worth or $100 million.  The reform applies in out‑of‑state judgments during the stay period only.

Georgia
Appeal Bond Reform: HB 1346 (2000).

Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $25 million. 

Virginia
Appeal Bond Reform: HB 1547 (2000).

Limits the amount a defendant can be required to pay to secure the right to appeal a punitive damages award to $25 million.  Applies in out‑of‑state judgments during the stay period only.

Alabama
Appeal Bond Reform: (1987).

Repeals Alabama's affirmance fee rule, which assessed a fee of 10% of the judgment against defendants (but not plaintiffs) who appealed cases and lost.

Constitutionality: Challenged and Struckdown

Oklahoma
Appeal Bond Reform: HB 1603 (2009); 12 Okl. St. § 990.4.

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Eliminates bonding requirement to appeal a punitive damages judgment.

Hawaii
Appeal Bond Reform

Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  Limits the amount a small business can be required to pay to secure the right to appeal to $1 million.