Lawsuits

National

Nevada smoke ruling faces appeal
The Nevada Tavern Owners’ Association has filed a notice of appeal to the Nevada Supreme Court’s ruling upholding the state’s recently enacted smoking ban. The appeal did not include the legal grounds the group will take to challenge Question 5, the measure passed last year that bans smoking in Nevada restaurants, grocery stores, and bars that serve food. The appeal does not come as a surprise to the Nevada Clean Indoor Air Act campaign. Click here for the press release.

New web site with information for individuals injured by cigarettes in Florida
The law firm J.B. Harris P.A. is suing Big Tobacco in Florida on behalf of individuals harmed by cigarettes. Under the recent Engle vs. Ligget decision by the Florida Supreme Court, up to a million smokers in the state have the right to sue tobacco companies for certain tobacco related diseases. The decision is one of extreme importance, in that the Court has determined that tobacco companies committed fraud, were negligent, and concealed from consumers the addictive nature and dangers of smoking. As a result, plaintiffs only need to prove that smoking caused their own illnesses to recover damages, giving them enormous leverage over the tobacco industry. The law firm has launched a new website, which can be accessed here. For the press release, click here.

Colorado smoking ban smoldering after judge rejects it
An Adams County Judge has ruled that the statewide smoking ban, which went into effect July 1st, is illegal because of an exemption for cigar bars. Judge Robert Doyle said that ban violates the due-process rights of bar owners because they were not given a chance to establish their businesses as cigar bars. An appeal is being considered as legislators continue to fine-tune the law. Click here for the press release.

Massachusetts Court sends tobacco-money dispute to arbitration panel
All states receiving Master Settlement funds are having portions of the settlement withheld by R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co. who contend that auditor’s reports released last year and this year suggest that their profits were assessed too high for 2003 and 2004. The Massachusetts State Supreme Judicial Court ruled that the dispute over $60 million in settlement payments to the state must be resolved by an arbitration panel, rather than by a state judge. The arbitration of three retired federal judges will determine, on a state-by-state basis, whether the companies are entitled to keep the money they have withheld and put in escrow. The tobacco companies claim that the states, including Massachusetts, have failed to enforce stipulations that require them to impose fees and advertising restrictions on companies that did not sign the Master Settlement Agreement. Click here to read more.

Tobacco case denied class-action status
A federal judge has denied a motion to certify a case that sought damages for misleading advertising under the Kansas Consumer Protection Act. The judge ruled that the case against Philip Morris USA requires proof that each member of the suing class relied on the company’s alleged misrepresentations. Such an interpretation of the statute would effectively gut its class-action provision. The case, which was filed nearly two years ago, marks a departure from the typical smoker’s liability case. Instead of alleging that she was induced by tobacco company misrepresentations to take up smoking and was harmed as a result, plaintiff Tammy Brown charged that she was duped into thinking that “light” cigarettes contain lower levels of tar and nicotine than regular cigarettes. Tammy Brown’s case will proceed on an individual basis, despite Philip Morris’ motion for a summary judgment as a result of Brown’s criminal history. Click here to read more. 

New York Court refuses to revive smoking suit filed years after limitations period
Warren Robare has been barred from suing cigarette companies for his disease. Robare’s suit, alleging that cigarette companies engaged in a long-standing campaign to deceive smokers that tobacco was not harmful, was filed in 1997, well after the statute of limitations had expired for his case in the spring of 1994. A four-justice panel has denied his attempt to invoke the doctrine of equitable estoppel to prevent the defendant tobacco companies from successfully asserting the three-year statute of limitations as a defense. Click here for more information.

Kansas High court considers city’s ban on smoking
The Kansas Supreme Court began hearing arguments on the legitimacy of the smoking ban in Lawrence, Kansas. The case was filed by a Lawrence bar owner who contends that the city’s smoking ban is unconstitutional. Much of the hearing focused on whether the city had illegally superseded a state law that allows the city to limit, but not entirely ban, smoking in public places. Toni Wheeler, director of legal services for the city, cited that smoking is still allowed in many outdoor public places, and therefore the law does not qualify as a complete ban. The court said the earliest it would issue a ruling on the legality of the ban, which prohibits smoking in essentially all indoor work places, is June 8th. Click here to read more.

Maryland AG leads national litigation efforts against tobacco company
Maryland Attorney General Douglas Gansler has filed two civil action lawsuits in an effort to protect the public from the dangers of cigarette smoking and ensure that States receive all the payments they are entitled to under the 1998 Master Settlement Agreement. The controversy surrounds Cutting Edge Enterprises’ alleged series of corporate transactions made to avoid payments of at least $65.9 million to the State and circumventing the marketing and advertising restrictions aimed largely at preventing youth smoking. The Attorney General has taken two major court actions in response. Click here to read the official press release.

Cancer Society sues state over smoking exemptions for clubs
The American Cancer Society filed a lawsuit against the Ohio Department of Health over regulations exempting some private clubs from the state’s new ban on smoking in indoor public places. The ban makes an exemption for nonprofit clubs as long as workers and patrons are members. The American Cancer Society, pointing out that there is nothing to stop clubs from designating all workers as members, claims that the exemption does not reflect the wishes of the 58 percent of Ohio voters who approved the measure. Click here to read more.

International

Canada court denies foreign tobacco firms’ lawsuit amnesty
The Supreme Court of Canada has refused to exclude eight foreign tobacco companies from a lawsuit by British Columbia province which seeks to recover health costs linked to smoking. While the companies argued that they could not be held liable in a province in which they held no offices or factories, the high court dismissed their appeal. The lawsuit could end up costing the British and American based companies billions of dollars. Several other provinces are considering similar lawsuits. Click here to read more.

Ireland High Court dismisses tobacco damage claims
The High Court dismissed a claim by a 58 year old man against three tobacco companies and the state for damages caused by the effects of smoking. Claims were against PJ Carroll and Company limited, Player and Wills (Ireland) Limited and Gallagher (Dublin) limited as well as the Minister for Health and Children, Ireland and the Attorney General. The plaintiff, who began smoking at age 12, was diagnosed with arterial disease in 1996. The judge ruled that the allegations went back to 1960 and 1961 and that the plaintiff had a cause of action since his diagnosis. Seventeen other cases are outstanding against the three tobacco companies. Click here to read more.

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