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· Lawsuits
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· Ecuador

Florida judge refuses Ecuador's suit against cigarette-makers 

Jump to full article: Winston-Salem (NC) Journal, 2001-04-20
Author: KNIGHT RIDDER/TRIBUNE

Intro:

A lawsuit filed by the Republic of Ecuador that attempts to recover the cost of treating sick smokers from U.S. tobacco companies will be dismissed next week, Judge Paul Siegel of Miami-Dade Circuit Court has ruled.

"Dade County is probably the very best place in the entire world perhaps for a smoker to sue a tobacco company, but Florida may be the worst place in the U.S. for a foreign government to sue the tobacco companies," Siegel said in court Monday.

The judge said that foreign-government suits don't belong in this jurisdiction because they are too remote.

The dismissal of Ecuador's lawsuit is significant because it could portend a similar fate for 10 other lawsuits filed here against the tobacco industry by foreign governments.

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Quotes from this article:

Dade County is probably the very best place in the entire world perhaps for a smoker to sue a tobacco company, but Florida may be the worst place in the U.S. for a foreign government to sue the tobacco companies.
Judge Paul Siegel of Miami-Dade Circuit Court, who will dismiss Ecuador's suit next week. KNIGHT RIDDER/TRIBUNE, <I>Florida judge refuses Ecuador's suit against cigarette-makers</I>

Categories
· Lawsuits
USA, by State
· Florida
non-USA, by Country
· Ecuador

Ecuador's Tobacco Lawsuit to Be Refiled, Lawyer Says (Update1) 

Jump to full article: Bloomberg News, 2001-04-18
Author: William McQuillen

Intro:

A representative of Ecuador said the country will refile a lawsuit against Philip Morris Cos. and other U.S. tobacco companies in an effort to recover health care costs.

In state court in Miami, Ecuador dropped its suit Monday after Judge Paul Seigel said he would dismiss the claims, said attorney Steven Marks.

``I think we were clearly right on the merits,'' Marks said. ``Another judge will hopefully agree with out position.''

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Categories
· Lawsuits
USA, by State
· Florida
non-USA, by Country
· Ecuador

Florida Judge Directs Dismissal of Ecuador Suit 

Ruling Extends Dismissal Streak
Jump to full article: Business Wire, 2001-04-17

Intro:

``This decision should be a clear signal to the attorneys pursuing these lawsuits that state courts will be as hostile to these claims as the federal courts,'' said William S. Ohlemeyer, Philip Morris vice president and associate general counsel. ``Federal courts in this country have uniformly rejected such lawsuits. Because similar rules apply regardless of where these cases are filed or who files them, these cases should be dismissed whether they are filed in state or federal court.'' . .

``These claims have been rejected decisively and uniformly by every appellate court to consider them. Simply alleging injuries to its citizenry does not entitle a foreign government to target an American industry and try to exploit the U.S. court system,'' said Ohlemeyer.

``The result in the Ecuador case, together with the decisions in the Guatemala and other cases, should help close the door on tobacco cases filed by foreign governments in the United States,'' Ohlemeyer added.

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Categories
· Lawsuits
USA, by State
· Florida
non-USA, by Country
· Ecuador

Ecuador drops anti-tobacco suit, Philip Morris says 

Jump to full article: Reuters, 2001-04-17
Author: Michael Connor / Miami newsroom, +1 305-374-5013, fax +1 305-358-6317, or miami.newsroom@reuters.com

Intro:

Ecuador's government has dropped a lawsuit against U.S. cigarette makers blamed for economic losses caused by lung cancer and other tobacco-related illnesses, tobacco-giant Philip Morris said on Tuesday.

The Miami judge overseeing the case brought by the Republic of Ecuador on Monday said at a state court hearing that he would dismiss the case if the plaintiffs did not voluntarily withdraw the complaint accusing the maker of Marlboros, Philip Morris, and others of selling dangerous products.

Ecuador has pulled the lawsuit, a spokesman for Philip Morris said, adding the move was just the latest in a string of losses in American state and federal courts for liability suits filed against the industry by foreign governments.

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Categories
· Lawsuits
USA, by State
· Florida
non-USA, by Country
· Ecuador

Ecuador drops Miami suit against tobacco industries 

Jump to full article: AP, 2001-04-16
Author: The Associated Press

Intro:

The Republic of Ecuador dropped one of its lawsuits against the tobacco industry Monday after a judge said the parties could either voluntarily dismiss it or he would do it himself.

The eight-count suit claimed tobacco companies had unjustly enriched themselves at the expense of Ecuadoran citizens, and that tobacco products are "unfit for safe use when sold and consumed as intended." . .

Steven Marks, one of the attorneys for Ecuador, said he decided to file the voluntary dismissal so that it would not hurt any future lawsuit filed elsewhere.

Marks noted that there is another suit on behalf of Ecuador against the tobacco industry pending before Miami-Dade County judge Margarita Esquiroz.

"The issues are related but there are some differences in the legal theories," Marks said.

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non-USA, by Country
· Ecuador
Organizations
· BAT

BAT accused in smuggling case 

Ecuador takes British tobacco group to court
Jump to full article: The Guardian (uk), 2000-08-02
Author: Terry Macalister

Intro:

British American Tobacco faces legal action in a Florida court over alleged tobacco smuggling in South America.

The world's second-largest cigarette manufacturer, which is based in London, has been targeted by the government of Ecuador for "illegally avoiding the taxation of tobacco products".

BAT, along with a number of rival tobacco companies, is accused of engaging in a scheme "to frustrate Ecuadorian authorities by making false and deceptive representations". . .

But Neil Withington, BAT's head of legal services, confirmed action had started. "We are aware Ecuador has filed a case in the state court of Florida which names BAT and Brown & Williamson and the US tobacco industry generally," he explained.

Mr Withington dismissed suggestions the company might face a growing number of smuggling cases. He believed the threats from Africa were part of a propaganda exercise being coordinated by the UK-based anti-smoking campaign group Ash.

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Categories
· Lawsuits
non-USA, by Country
· Ecuador

Ecuador Files Tobacco Suit 

Jump to full article: AP, 2000-06-05
Author: MEG RICHARDS / Associated Press Writer

Intro:

The Republic of Ecuador filed a lawsuit Monday against more than a dozen U.S. tobacco companies, alleging they smuggled tobacco products in and out of the country without paying duties and taxes.

The suit, filed in Florida Circuit Court, alleges the tobacco companies participated in a smuggling ring to illegally ship tobacco leaves out of the country as a tax-free export, and then reimport cigarettes free of taxes by using foreign trade zones.

The activities were orchestrated in the United States by Philip Morris Inc. and R.J. Reynolds Tobacco Co., according to the suit.

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Categories
· Lawsuits
non-USA, by Country
· Ecuador

Ecuador says U.S. cigarette makers skirted taxes 

Jump to full article: Reuters, 2000-06-05
Author: Michael Connor

Intro:

Alleging that damage claims may total billions of dollars, Ecuador said Philip Morris (NYSE:MO - news), maker of Marlboros, and R.J. Reynolds Tobacco (NYSE:RJR - news) had a long history of tax avoidance and smuggling in Latin America and elsewhere in the world.

The lawsuit filed in a Miami state court on behalf of Ecuadorean Attorney General Ramon Carbo says the U.S. tobacco companies exported Ecuadorean tobacco products free of ordinary domestic taxes and then illegally brought them back into the South American country for sale.

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Categories
· Agricultural
non-USA, by Country
· Ecuador

Ecuadoran Crop Off to Good Start 

Planters cautiously optimistic as harvest begins
Jump to full article: Cigar Aficionado, 1999-12-13
Author: David Savona

Intro:

Tobacco growers in Ecuador are harvesting a large, high-quality crop of wrapper tobacco. The good harvest comes on the heels of bad crops blamed on last year's El NiƱo weather phenomenon. . . Oliva Tobacco Co. and ASP Enterprises Inc., the nation's biggest growers, had lush fields full of strong, healthy plants in the heart of the season. Several primings of high-quality have already been harvested.

"This is a great crop," said John Oliva Jr

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Ecuador
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