Legal

State

Former Manatee smoker loses lawsuit over tobacco (FL)
A jury in Manatee County, Florida has decided that Philip Morris and R.J. Reynolds are not responsible for a smoker’s throat cancer. Jimmie Willis, a 30-year long smoker, sought $14 million in damages, arguing that he was addicted to the nicotine in the companies’ products, which made him unable to quit smoking. The jury determined that Willis knew that cigarettes were dangerous, but had ignored warning labels and had chosen not to quit. This “Engle progeny” case stemmed from a class-action lawsuit thrown out by the Florida Supreme Court in 2006. Click here to read more about the case. Related: Fla. jury hands down rare win for big tobacco In another Engle progeny case, a Duval County jury also ruled in favor of Philip Morris and R.J. Reynolds, awarding no damages to the family of a deceased smoker. The first trial for this case took place in August and ended in a mistrial. The case is Warrick v. R.J. Reynolds et al. Read more here.

High court turns down online tobacco seller (ID)
The U.S. Supreme Court has rejected an appeal from an online cigarette retailer arguing that his business was exempt from Idaho regulations concerning tobacco sales. The defendant, Scott B. Maybee, was cited for breaking Idaho laws that require cigarette retailers to register with and pay fees to the state. Maybee, a Native American from New York State, claimed that the state’s laws did not apply to his business because it falls under federal interstate and Indian commerce laws. The Idaho Supreme Court’s decision against Maybee will stand now that the U.S. Supreme Court has declined the case. Read more here about the case, Maybee v. Idaho.

Scalia blocks tobacco ruling (LA)
Due to a pending appeal expected to be reviewed by the U.S. Supreme Court, Justice Antonin Scalia has temporarily blocked a Louisiana state court decision that would require large tobacco companies to fund tobacco cessation programs. In his five-page opinion, Scalia notes that the appeal will likely be reviewed by the Supreme Court and that it is possible that the state ruling could be overturned. The class of smokers in the original lawsuit claimed that tobacco companies distorted information about the addictiveness of nicotine, which would normally require the suing party to prove it had relied on the false information and suffered injury because of it. The Louisiana state court lifted that requirement, denying the tobacco companies the chance to challenge this evidence. Click here to read more, or click here to read Scalia’s opinion on the case.

Casino dealer's suit over smoking dangers at Wynn moves forward (NV)
A federal judge in Las Vegas has denied a motion filed by Wynn Las Vegas to dismiss a lawsuit filed by an employee claiming that the casino does not do enough to protect employees from secondhand smoke. Wynn dealer Kanie Kastroll filed suit in October 2009, seeking class-action status and alleging that Wynn has not proactively helped protect employees by designating smoke-free areas or monitoring employee health like many of their competitors have. Wynn sought dismissal of the case, claiming that the casino is operating within the Nevada Clean Indoor Air Act, which exempts casinos. The casino also maintained that certifying the suit as a class-action case is a violation of a law that forbids federal courts from considering class actions concerning disputes limited to a single state. Judge Lloyd George determined that Wynn had failed to establish that Kastroll would not be entitled to relief, and therefore the case cannot be dismissed; the decision about class-action status will be determined later. Read more here.

Arcara gets tribe cigarette tax case from Albany (NY)
Following a consolidation request from the New York Attorney General, the lawsuit the St. Regis Mohawk tribe filed against the state will be transferred to U.S. District Judge Richard J. Arcara, who is already handling similar cases filed by the Seneca Nation and the Cayuga and Unkechauge tribes. In these lawsuits, the tribes claim that the state’s efforts to collect taxes on cigarettes sold by Indian businesses to non-Indian customers violate treaties made with the state and federal governments. State lawyers say that not collecting taxes on these sales gives the Native-owned businesses an unfair advantage over other tobacco retailers that must pay the taxes. Another similar case filed by the Oneida Indians may also be transferred to Arcara. Read more here. Related: Federal judge continues ban on NY Indian cig tax Judge Arcara has denied the Seneca and Cayuga Indian Nations’ request for a preliminary injunction against New York State’s taxation of cigarettes sold to non-Indian customers, but has extended a temporary ban on tax collections from the tribes. In his decision, Judge Arcara said that the tribes were unlikely to substantiate claims that taxation would overburden them and violate their sovereignty, but delayed the start of collection to give them time to follow through on an appeal. In another case, Judge David Hurd granted a preliminary injunction to the Oneida Nation that prevents the state from requiring wholesalers to pre-charge tribal retailers the tax. The St. Regis Mohawk tribe is still awaiting a decision. Click here to read more.

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