Although the panel found that nine contested states did diligently enforce their NPM escrow statutes in 2003, that finding is limited to 2003. Because the MSA reallocates the diligent states’ share of the adjustment amount to non-diligent states, the participating manufacturers will receive the full amount remaining in dispute for 2003 as a result of the panel's decision.
Some states may seek to challenge today’s decision in court. In addition, a number of states have already filed motions in state court challenging the panel’s decision allowing the settlement to proceed and seeking a more favorable judgment reduction method. PM USA can give no assurance whether any such challenges will be resolved in a favorable manner.
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