Judge Certifies Nationwide Class Action Suit Against Tobacco Companies

TBO ^ | 9/20/02 | Christina Cheddar

[Tumbleweed_Connection]

In an unprecedented move, a federal district court judge has certified a nationwide, punitive-damage class-action suit against the tobacco industry.

The case, known as Simon II, consolidates all the tobacco-related litigation before U.S. District Court Judge Jack Weinstein to include the punitive-damages claims of all types of plaintiffs, including individual smokers, labor unions and health insurers. The certification was issued late Thursday.

Under a new law, the case will automatically be appealed to the Second Circuit Court of Appeals. It will likely be months before that court will make a decision.

The case is named after lead plaintiff Ellis Simon, who has lung cancer. The plaintiffs allege the tobacco industry's use of deceptive marketing practices caused smokers' sicknesses and addictions. With the class certification, Simon II will represent anyone in the United States who has smoked, whether they became ill or not, since 1920.

Defendants in the case are Philip Morris Cos.; R.J. Reynolds Tobacco Holdings Inc.; Lorillard Tobacco, a unit of Loews Corp.; Brown & Williamson, a unit of British American Tobacco PLC; and Liggett Group, a unit of Vector Group Ltd.

Tobacco stocks were trading lower on the news. At midday, shares of Dow component Philip Morris were off 4.1 percent at $42.86, while shares of Carolina Group, the stock that tracks Lorillard's performance, shed 5.5 percent to trade at $20.70.

In a written statement, Philip Morris said it will ask the appellate court to reject the class certification of the case and dismiss the claims.

[poet]

Hmmm. Is it possible to file a class action suit against judges and lawyers for their dupilicity and political activism?

[FreeTally]

With the class certification, Simon II will represent anyone in the United States who has smoked, whether they became ill or not, since 1920.

Aint it great that a couple of old guys and gals in black robes can disregard the entire basis of tort law?

The loonieness continues.....

[RicocheT]

U.S. District Court Judge Jack Weinstein - Insane, NY.

Jack has been a headline hopping judge for years. He doesn't worry about the law or the rights of businesses as long as he gets ink. A lifetime appointee who went rotten.

[Tumbleweed_Connection]

[concerned about politics]

If the tobacco compainies were smart, they'd stop production and shipping right now, and make sure the public, especially the smoking public, knows exactly why.
Then, sit back and watch the chaos of smokers.
Sit back and watch the politicians who support these trial lawyers try to re-write the social program budget they have supported by cigarette taxes.
Let them squirm. "Just say no to Socialism." Action speaks louder than trial lawyers.

[metesky]

Pingaroo

[prisoner6]

I mentioned this in another post.

What I do as a persoanl protest againt the tobacconazis is alway keep an unlit pipe with me. When I go into anyplace that bans smoking, especially government buildings, I put the unlit pipe in my mouth and walk around with it.

Invariably I will be confronted by a tobacconazi. I listen to the rant, look at then with a puzzled expression, then say..."but..but..I'm NOT smoking. It's not LIT!"

At this point I pull the pipe from my mouth hold to their face and ask..."Here. Wanna See?"

Oooh...does it ever get 'em jumpin' ugly! hehehehehehe!

I have suggested cigarette smokers buy a cheap pipe - corncobs can still be had for a couple of bucks - and use it as I do.

prisoner6

[monkeyshine]

Addicted smokers should sue for a lifetime supply of free cigs.

[concerned about politics]

I have suggested cigarette smokers buy a cheap pipe - corncobs can still be had for a couple of bucks - and use it as I do.

Funny, and great idea! It'll expose their real agenda in a hurry. They're nothing but Nazi thought police.

[maxwell]

With the class certification, Simon II will represent anyone in the United States who has smoked, whether they became ill or not, since 1920.

What if somebody doesn't WANT to be represented? There oughta be some sorta litigious provision for THAT...

[Tumbleweed_Connection]

What about imports?

[concerned about politics]

What about imports?

Same thing. They're on the hit list, too. They're next.

[wvnavyvet]

What I still don't understand, since I heard this for over forty years is, what part of 'Cigarette smoking is bad for your health' didn't these people understand. My grandmother was a chain smoker, she die at age eighty-eight. That's not bad and she never regreted smoking. My father and brothers all smoked and quit, why couldn't any of them. They smoked because they want to. It's like living in some counties in Florida, they people live their because they like being stupid and can blame their stupidity on others.

[concerned about politics]

Why is it that liberals, i.e., members of the left, get to chose their deathstyle choice, but no one else is allowed?
How much has AIDs cost taxpayers? Fat welfare mothers? Welfare hypocondriachs who sit around and think about their poor aches and pains all day from getting out of bed in the late afternoon? Parents who deliberatly tell their kids to act stupid to collect SS for ADD?

[concerned about politics]

PS....
I know 2 "divorced, single mothers" who are on permanant dissability and collecting SS for their "dissability" -- Nerves. They're too nervous to hold a job!
They're going to college now, paid for by taxpayers because they're "disabled", so they can be educated enough to get a job.
Excuse me, but if they're so "permanatly disabled" they can't work, why are we paying to train them for a job?

[jdontom]

Simon II will represent anyone in the United States who has smoked, whether they became ill or not, since 1920.

Lets see, I smoked a joint in 65 (but didn't inhale) and a Camel in 72, maybe I can get some of this FREE Money!

[wvnavyvet]

That's amazing, don't you wish you could ask a question like that to a candidate for the US Senate or even a Presidential candidate, live on national TV.

[oldcomputerguy]

If you are included in a class action lawsuit, you
have the right to opt out.

[Fraulein]

Why is it that liberals, i.e., members of the left, get to chose their deathstyle choice, but no one else is allowed?

Excellent point.