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OCR Page 1 of 72S:\WPSHR\LEGCNSL\XYWRITE\CONSUMER\TABAC.4
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son other than a non-participating tobacco product
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manufacturer if such liability exists under the appli-
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cable substantive rules of decision as determined
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under subsection (a), except that any such imposi-
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tion of joint and several liability against a partici-
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pating tobacco product manufacturer shall be sub-
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ject to the provisions of section 706.
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(4) In any civil action involving both a tobacco
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claim against a participating tobacco product manu-
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facturer based in whole or in part upon conduct oc-
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curring prior to the date of enactment of this Act
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and a claim against 1 or more non-participating to-
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bacco product manufacturers, the court, upon appli-
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cation of a participating tobacco product manufac-
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turer shall sever a trial so that all claims against
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participating tobacco product manufacturers shall be
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tried separately from any claim involving non-par-
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ticipating tobacco product manufacturers. If such
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severance results in a tobacco claim being submitted
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to more than 1 jury or to the same jury for separate
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deliberation the participating tobacco product manu-
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facturer may not assert any claim that would preju-
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dice the dollar amount to be recovered by the holder
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of the tobacco claim from the participating tobacco
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product manufacturer due to the severance of the
.S. 1415 RS
April 29, 1998 (2:39 p.m.)
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