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Florida Tobacco Lawyer

Tobacco Litigation

News and information about cigarette and tobacco lawsuits from around the country, with a primary focus on Florida.

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Editor: C. Calvin Warriner
Profession: Cigarette & Tobacco Attorney

March 16, 2007

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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:

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March 08, 2007

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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?

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October 02, 2006

By Cal Warriner

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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.

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September 27, 2006

By Cal Warriner

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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.

September 20, 2006

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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.

September 20, 2006

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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.

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September 12, 2006

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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!

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September 12, 2006

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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."


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September 01, 2006

By Staff Writer

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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.

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August 30, 2006

By Cal Warriner

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Judge tosses senior's tobacco lawsuit

Category: Tobacco News

A federal judge in North Carolina dismissed a lawsuit brought by a group representing senior citizens to recoup Medicare expenditures for smoking related illness.

The group seeking 60 billion dollars in damages was seeking to enforce Medicare's right to reimbursement for medical expenses incurred by North Carolina Medicare recipents. As part of his justification Judge Stearns cited a Florida case that likewise dismissed private citizens rights to enfore Medicare law.

In his order filed Monday, Stearns said the case was a reprise of claims brought by the federal government in the 1990s against tobacco companies.

"These efforts by the government came largely to naught, with most courts rejecting the government's various theories of tobacco company liability," he wrote.

Stearns also pointed to a similar case in Florida, in which an appeals court said the plaintiff must prove a defendant's responsibility to pay Medicare costs before trying to recover them under the Medicare as Secondary Payer law.