Lawsuits

National

Head of Department of Justice trial team resigns
The lawyer who had been leading the racketeering case against the tobacco industry by the Department of Justice resigned as of December 1st. Sharon Eubanks left the Department voluntarily after a disagreement regarding the direction of the case, stating that working under the current political leadership was a challenge. Eubanks has been replaced by Stephen Brody, who had been deputy chief of the trial team. Click for more information.

Lorillard appeals court decision finding Legacy in compliance with MSA
Lorillard Tobacco Company has appealed an August decision by the Delaware Chancery Court that found the American Legacy Foundation’s truth® campaign in compliance with the 1998 Master Settlement Agreement. In turn, the foundation has appealed an earlier conclusion by the same court that found it can be sued by the tobacco companies under the MSA. Click to view a press release by the American Legacy Foundation.

Illinois Supreme Court reverses $10 billion verdict against Philip Morris regarding “light” cigarettes
A $10 billion class-action lawsuit filed in Illinois against Philip Morris USA alleged that the tobacco company had defrauded smokers of "light" cigarettes by suggesting that Marlboro Lights and Cambridge Lights contained less tar and nicotine compared to regular cigarettes. Over one million people who bought Philip Morris's Cambridge Lights from 1986 to 2001 or Marlboro Lights from 1971 to 2001 were party to the case and had asked the court to reimburse them for some of the cost of the cigarettes purchased under false pretenses. The court overturned the 2003 verdict, finding the company is not punishable as a result of the Federal Trade Commission’s Consumer Fraud Act, which authorizes tobacco companies to utilize descriptors such as 'light' as long as the tar and nicotine content in milligrams is conspicuously disclosed. Clck for more information. Click to view a press release by the American Legacy Foundation.

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New Legal Update available from Tobacco Control Legal Consortium
The Tobacco Control Legal Consortium has released a new Legal Update containing highlights of recent legal developments that affect the tobacco control community. The November 2005 issue contains a link to an informative new Legal Consortium publication titled Secondhand Smoke and Family Court: The Role of Smoke Exposure in Custody and Visitation Decisions. It also contains an update on the federal racketeering lawsuit against the tobacco industry; overviews of several other significant tobacco lawsuits; and information on Washington state’s adoption of one of the strongest state smoke-free laws in the country. Finally, a new feature has been introduced – a brief article showcasing one of the seven tobacco law centers in the Tobacco Control Legal Consortium. This Update features the Center for Tobacco Regulation, Litigation and Advocacy at the University of Maryland School of Law. Click to view the Update.

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Florida:
 
Florida Supreme Court to clear way for suit by flight attendants
More than 3,000 flight attendants can now seek compensatory damages against tobacco companies for claims they suffered respiratory illnesses from secondhand smoke aboard U.S. airline flights. The court refused to hear the companies’ appeal of a judgment in favor of a flight attendant, allowing the case to move forward. Click for more information.

Georgia:
 
Georgia farmers receive delayed $25 million tobacco payment
The checks are in the mail finally for eligible Georgia farmers and quota holders who have had their worst growing season ever. The $25 million was to be paid by the 1998 settlement between the states and tobacco companies. Click for more information.

Minnesota:
 
Blue Cross’ lawsuit against tobacco industry finally over
After 11 years, Blue Cross and Blue Shield of Minnesota has completed its lawsuit against the tobacco industry. The state’s health plan can now begin using proceeds from their tobacco settlement for making Minnesota a healthier place to live and work. Blue Cross was the first health insurance plan in the country to sue the tobacco industry, making it accountable for their product. The proceeds will be used to prevent a future generation of smokers in the state. Click for more information.

West Virginia:
 
West Virginia state court approves mass trial for tobacco cases
The West Virginia State Supreme Court has rules that a mass trial can be held against five tobacco companies, involving more than 1,000 complaints. The ruling dates back to 2003, when a U.S. Supreme Court ruling prevented an Ohio County circuit judge from holding a mass trial in two phases. The 1,100 smokers claim “fraudulent concealment” by the tobacco companies since the 1950s to entice people to smoke, including marketing to youth, misrepresentations about “light” cigarettes, and the manipulation of nicotine levels in certain brands. Click for more information.

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