WVC 4 - 11 A- 4
§4-11A-4. Limitation on appeal bond.
The bond that any appellant who is a signatory or a successor
to a signatory of the master settlement agreement or who controls
or is under common control with a signatory of the master
settlement agreement may be required to post to stay execution on
a judgment during an appeal in any cause of action shall be set in
accordance with the provisions of section fourteen, article five,
chapter fifty-eight of this code and the West Virginia rules of
civil procedure: Provided,
That an appeal bond may not exceed one
hundred million dollars for compensatory damages and all other
portions of a judgment other than punitive damages and one hundred
million dollars for punitive damages unless the appellee proves by
a preponderance of the evidence that the appellant or appellants
are purposefully dissipating or diverting assets outside of the
ordinary course of its business to the effect that the ability to
pay the ultimate judgment is impaired. For purposes of this
section, multiple judgments resulting from cases that have been
consolidated or aggregated for purposes of trial proceedings shall
be treated as a single judgment.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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