Florida Tobacco Lawyer
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Editor: C. Calvin Warriner
Profession: Cigarette & Tobacco Attorney
An Uninformed Public: Smokers, It is Your Own Fault You Are Sick
Category: Cigarettes
This is the response I have been seeing to a Palm Beach Post article that talked about suing Big Tobacco for injured smoking victims. Some other comments from the "political parrots": "People who smoke are responsible for there (sic) choice", "Lawyers will take all the money and give the Class Action Plaintiff's pennies, I suspect", and, my personal favorite, "What ever happened to personal responsibility".
Big Tobacco has already begun to pass around the "political parrot" talking points. They, for the most part, completely ignore what the "Engle class" injured smokers' case is all about.
Continue reading "An Uninformed Public: Smokers, It is Your Own Fault You Are Sick"
Brown & Williamson Intentional Wrongdoing
A Missouri Appeals court found that the tobacco giant, Brtown & Williamson, was guilty of intentional tort conduct.
Although the justices set aside a $20 million punitive damages verdict, they found that Big Tobacco, once again, withheld harmful information and "established procedures to ensure negative information did not reach the public". In fact the court set forth that the facts in the case rose to a level of clear and convincing evidence of Big Tobacco's wrongdoing.
The Daily Herald reported that:
The decision was noteworthy in two respects. First, the court found evidence of deliberate wrongdoing by a tobacco company. And second, the court ruled for the first time that the surviving families of tort victims can sue even if the victims had previously brought suit themselves.
How To Testify At Your Own Wrongful Death Trial at Age 49
Category: Tobacco Litigation
If Big Tobacco weren't so busy racketeering in the 20th Century, it might have done the right thing and distributed a "how to" instruction booklet about testifying at your own wrongful death trial. The booklet could have contained the following advice:
Continue reading "How To Testify At Your Own Wrongful Death Trial at Age 49"
If Tobacco Could Wave a Magic Wand
Category: Cigarettes
If only all children could be like those in Greenland, Big Tobacco's profits would soar above all expectations. As of the year 2000 in Greenland, 6% of all females and 3% of all males eleven (11) years of age smoked; but it gets better.
A Spoon Full of Sugar
Category: Tobacco Litigation
So what has really happened since the days of Joe Camel and the Marlboro Man...with advertising?
Lies, LIES, and videotape
A video is worth a million words This one is worth watching until the very end.
There ought to be a penalty.
One Court Has Found That Big Tobacco's Conspiracy to Deceive Did Not Stop in 1969
In 1969, Congress stepped in to require health hazard warnings on cigarette packaging and restrictions on tobacco advertising. Since that time, Big Tobacco, armed to the teeth with millions of dollars of dispensable advertising money and other resources, has traveled on different roads to deliver false statements to the ears of little children. Big Tobacco has trucked along the throughways of deception to come up with dangerous cigarette design, and false health reassurances connected with selling "low-tar" cigarettes.
Continue reading "One Court Has Found That Big Tobacco's Conspiracy to Deceive Did Not Stop in 1969"
Every Breath You Take...Every Claim you Make...They'll Be Fighting You
What is the strongest claim that anyone can make against Big Tobacco? It is, "You took my breath away!" The smoke first hits Grand Central Station... the lungs. From there, the rest of the body eventually gets involved. In January 2007, the Florida Supreme Court handed down its final decision in Engle v. Liggett, listing several diseases that link continuous and substantial tobacco use as a highly likely cause of the illnesses. Among those diseases other than lung cancer the Florida Supreme Court listed: aortic aneurysm; kidney cancer; pancreatic cancer; and peripheral vascular disease... Peripheral Vascular Disease.??
Continue reading "Every Breath You Take...Every Claim you Make...They'll Be Fighting You"
Hey there Stranger; Who's That I Hear Knocking On My Door?
Perhaps it is the process server, or several hundreds of process servers delivering proper notice from several thousand individual claimants to the corporate offices of Big Tobacco. In our legal system, notice is a very important Constitutional concept behind due process and the prevention of arbitrary Jury awards. Yesterday's US Supreme Court Opinion in Philip Morris v. Williams addressed the notice requirement, and the prospect of strangers to the litigation being awarded punitive damages. As a result, Philip Morris did prevail against William's Estate, but Big Tobacco's victory is limited. In fact in the long run, that victory might turn out to be a serious defeat.
Continue reading "Hey there Stranger; Who's That I Hear Knocking On My Door?"
A Monopoly on Time and a Modicum of Tobacco Resources
In the paraphrased words of Mick Jagger, "Time is on [Tobacco's] side." And as time passes, a lot less claimants, or their estates will come "runnin' back" to court. Well, perhaps those claimants who are still alive will be wheeled over the threshold, or gently helped to the witness stand in the courtroom.
Continue reading "A Monopoly on Time and a Modicum of Tobacco Resources"
Big Tobacco Manipulating Nicotine in Cigarettes
Nothing should surprise anyone anymore; at least when it comes to the conduct of Big Tobacco. These companies have spent over 100 years making billions from dealing a drug that some experts believe is more addictive than heroin; a drug that, until recently, was a socially encouraged drug; and a drug that until the 1970's had little or no government oversight.
Now we discover that after being sued repeatedly for negligence, fraud and conspracy, Big Tobacco is at it again; manipulating the levels of nicotine and the addictiveness of their drug. and Tobacco Information.
A recently released Harvard study concludes that cigarette makers have for years increased nicotine levels in cigarettes to make cigarettes more addictive. Dr. Gregory Connolly led the rseaerch at Harvard and said:
"We know from our data that there are intentional design changes that result in more nicotine in smoke that increases the capacity for the cigarette to cause and maintain addiction"
Dr. Gregory Connolly and colleagues, at Harvard University, undertook a far more sophisticated analysis of the underlying data provided by cigarette-makers. The Harvard group found that nicotine yields from smoking had increased an average of 1.6 percent each year from 1998 through 2005.
So why does lawsuit after lawsuit not discourage Big Tobacco from trying to manipulate and control? The answer must be the billions produced through the public's continued addiction to Big Tobacco's drug.
For more on this conduct, see our other blog at these links:
Tobacco Will Kill More People than AIDS by 2015 and Light Cigarettes Sound Better--and That's What Tobacco was Going For! and Tobacco.
Lung Cancer Drug Trial Results
Category: Lung Cancer
Lung cancer is the deadliest cancer in the United States. It is estimated that 87% of lung cancer deaths result from smoking, and that hundreds of thousands of Americans are living with lung cancer caused by smoking today. In a new lung cancer drug trial, researchers have discovered that pemetrexed (Altima) and either cisplatin (Platinol) or carboplatin (Paraplatin) offer safe, effective treatment for patients with newly diagnosed extensive small cell lung cancer (SCLC).
The October 20, 2006, issue of the Journal of Clinical Oncology reports the details of this multicenter, randomized phase II trial.
New Drug Promising for COPD Smoking Victims
Category: COPD
Smoking causes COPD, or chronic obstructive pulmonary disorder. Patients who suffer from chronic obstructive pulmonary disorder, a debilitating lung disease that kills more than 122,000 Americans each year, now have new hope. A monumental COPD drug trial involving two common medications is the first treatment proven to prolong life for COPD patients.
According to an article on Forbes.com, the results of this monumental trial were announced on Monday, October 23 in Salt Lake City, Utah, at the American College of Chest Physicians annual meeting.
Continue reading "New Drug Promising for COPD Smoking Victims"
Are big corporations really buying judges?
Category: Tobacco Litigation
A very disturbing New York Times article suggests that a growing body of evidence tends to prove substantial campaign contributions are affecting judicial independence. In what should send shivers down the spine of both lawyers and the general public the Times seems to make a compelling argument that several high profile cases have been decided in favor of litigants who contributed very heavily to the campaigns of judges who were in the court's ruling majority. Is it really possible that corporations can buy judges?
For years it has been accepted practice for big monied corporate interests to "buy" politicians. If there is any doubt, just take a look at the landslide of legislation very favorable to corporate interests that has passed in the last few years as Republicans have controlled national and state legislative bodies. However, this practice only gets the fat cats so far. In the recent past it has been a virtual cake walk for ultra-conservatives to ram consumer unfriendly legislation down our throats. There's just one problem. Usually the more favorable (onerous and oppressive to individuals) the legislation, the more likely it is to draw unfavorable judicial scrutiny.
As a result a growing sentiment has developed within conservative and their heavily contributing corporate buddies circles that they need to seize control of the courts as well.
Continue reading "Are big corporations really buying judges?"
Judge certifies nationwide light cigarette smoker class action
Category: Tobacco Litigation
In what appears to be a decision of financial importance a New York federal judge certified a nationwide class action for those who were injured by smoking "light" cigarettes. The decision moved the market lower and hammered tobacco stocks.
This decision comes on the heels of Judge Gladys Kessler's scorched earth opinion finding Big Tobacco guilty of racketeering and conspiracy in its development and marketing of "light" and "low tar" cigarettes. She went so far as to enjoin further manufacture, sale or advertising that suggested one cigarette was safer than another.
Many including the tobacco companies have known for years that there is nothing light about "light" cigarettes. Unfortunately that information has been kept from consumers.
All cigarettes are deadly killers. There is no such thing as a safer cigarette. At a minimum, this class action lawsuit for "light" cigarette smokers might educate consumers.
Time is on Tobacco's Side
Category: Cigarettes
Kudos to Tampa Bay Attorney Bob Carroll for highlighting the Florida Supreme Court's ruling in Engle and the potentially critically short time for victim's pursuit of claims.
Tobacco and Stomach Cancer
Category: Cigarettes
A recent study has concluded that there exists a casual relationship between tobacco use and stomach cancers. Dr. Ann Chao, with the American Cancer Society, conducted a study of 467,788 men and 588,053 women. Her group concluded that:"...the authors estimate that the proportion of stomach cancer deaths attributable to tobacco use would be 28% in US men and 14% in women."
In another study conducted by Harvard University and the University of Bergen has concluded that smoking increases the risk of multiple sclerosis.
The Kids Tell Big Tobacco: Enough is a Enough!
Category: Tobacco Litigation
The Campaign for Tobacco-Free Kids filed a brief with the Honorable Judge Gladys Kessler. This, in and of itself, is not all that monumental; but this brief was in opposition to Big Tobacco's request that they be allowed to ignore Judge Kessler's prior rulings, at least in the overseas market.
Although just a few weeks ago, the same Judge Kessler had found that Big Tobacco had deceived, falsely marketed, and violated civil racketeering laws; Big Tobacco wants to know if she really means what she said(?) Eeven though we now know that Big Tobacco is still manipulating nicotine content, they just can't quit!
Continue reading "The Kids Tell Big Tobacco: Enough is a Enough!"
Reform Not on Big Tobacco's Mind
Category: Tobacco Litigation
After a ruling by a Federal District Court Judge that punished Big Tobacco; after we find they are still trying to regulate nicotine content to keep us hooked; we discover that they need clarification of the court's order to ask if they are compelled to comply overseas!
The USA Today reported:
"Sadly, the public doesn't know what the industry is doing with nicotine or any ingredient. Thanks to industry lobbying and campaign contributions, there is no meaningful regulation. Never mind that tobacco kills 400,000 Americans a year. Until Congress gets serious about regulating cigarettes, Big Tobacco will have the last word."
Marlboros near tops in cancer causing ingredient
Category: Tobacco News
A CDC report measuring the cancer causing content in domestic and foreign brand cigarettes finds Marlboro, Philip Morris' best selling brand a potent killer. Tobacco specific nitrosamines (TSNA) is widely believed to be the potent cancer causing ingredient in cigarettes. This article written in India where Marlboros were introduced in 2003 states that Marlboros contained as much as 900% more TSNA than domestic Indian cigarettes.
What's surprising is that Philip Morris' representative admitted that TSNA levels can be reduced in the manufacturing process. However, the description of how that is accomplished sounds like it costs time and money although that was not admitted.
As it is widely believed, programs, litigation and oversight have reduced the American market for cigarettes causing tobacco companies to target overseas markets in which to peddle their lethal products. It is believed that in India alone, a market in which Philip Morris' share is expanding daily, that one million people will die annually due to cigarette smoking within a few short years.
Massachusetts reports Tobacco lying about nicotine
Category: Tobacco News
A great link to the Massachusetts Department of Health study showing that tobacco companies have been secretly increasing the nicotene content of cigarettes. And this was not in the sixties as you would expect. It was in the late nineties! A time in which big tobacco was litigating a punitive damages case in Miami the subject of which their horrible conduct and lies regarding the dangerous health effects of smoking.
If you are interested in the facts, here they are.
No shame for lawless big Tobacco
Category: Tobacco News
In the truth is stranger than fiction category, a post ruling motion filed by Big Tobacco in response to Judge Kessler's recent ruling banning the sale of "low tar" and "light" cigarettes shows just how blatantly unfazed tobacco remains to litigation setbacks. Despite having been found guilty of fraud, corruption and racketeering, Big tobacco has actually filed a motion seeking clarification that the court's ban only applied to the domestic sale of cigarettes.
The companies filed this brief knowing that the judge had ruled that the use of such terms was part of a massive pattern of fraud and deceit. Yet in a sign of the boundless rapaciousness of these companies in marketing death, they had the temerity to ask her not to apply her order "to sales wholly outside the United States." If we can't continue to defraud Americans into killing themselves, they effectively asked, can we at least keep suggesting to billions of people abroad that some cigarettes are safer than others?
So commented the Washington Post in today's editorial. Its point being that litigation losses don't faze the multibillion dollar killers and that it will take bold legislation to bring the lawless tobacco companies in check. Can our elected officials continued to bow to tobacco's lobby in the face of an ever increasing mountain of evidence of tobacco's heinous conduct?
Judge Kessler bans selling of low tar and light cigarettes
Category: Tobacco News
Finding that they are no safer than other cigarettes, Judge Kessler's recent ruling (see recent posts) banned the selling, packaging and advertising of so called "low tar" and "light" brands of cigarettes. Research has indicated this claim to be a marketing ploy and that smokers who switch to these brands thinking they are safer simply compensate either in the amount they smoke or in the manner they smoke. You probably wouldn't be surprised to know that the tobacco companies have known this for years.
Of course the tobacco companies have asked the judge to stay her ruling pending an appeal.
Recent Tobacco Litigation Rulings
Category: Tobacco Litigation
Prompted by the August federal district court ruling against cigarette makers, Reuters article detailed the most recent U.S. court rulings for tobacco litigation cases.
Symptoms of Lung Cancer
Category: Lung Cancer
While lung cancer does not often show symptoms in its early stages, when it reaches the more advanced stages, lung cancer symptoms may include:
Chronic cough
Coughing up blood
Chest pain
Weight loss/loss of appetite
Hoarseness
Shortness of breath
Wheezing
Repeated bronchitis or pneumonia