Tobacco.org

• Snuffed Out / In major setback for nations seeking to sue tobacco firms, appeals judges agree Venezuela can't sue in Florida 

The latest constriction came from Florida's 3rd District Court of Appeal, which effectively closed the state's courts to such lawsuits.

In affirming the dismissal of a case brought by Venezuela in Miami-Dade Circuit Court, the appeals court apparently undercut more than 20 other suits brought by foreign governments seeking repayment from tobacco companies such as Philip Morris, Brown & Williamson and Lorillard.

The 3rd District Court of Appeal dismissed Venezuela's case on the grounds that its claims were too remote and indirect. The court held that, if there was harm, it was not the country that was damaged.

Other foreign governments that filed suit in Miami-Dade Circuit Court with similar claims include Honduras, Tajikistan, the Russian Federation and several states in Brazil.

Joel S. Perwin, a partner with Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin in Miami, which filed the suits in Miami-Dade Circuit Court on behalf of the foreign governments, said his clients will appeal to the Florida Supreme Court. . .

When asked if this ruling kills the entire line of legal attack by foreign governments against tobacco companies, Richard A. Daynard, director of the Tobacco Control Resource Center in Boston and a tobacco industry foe, said, "I think it does."

Jump to full article »

[It is] inappropriate for Venezuela to attempt to turn Miami-Dade County into the 'courthouse for the world.
Florida's 3rd District Court of Appeals, which upheld the dismissal of Venezuela's suit, undercutting over 20 suits from other countries.

BAT shares untroubled by Venezeulan, U.S. lawsuit threat ($$) 

It was perplexed at the move, which comes just days before new Venezuelan president Hugo Chavez, who won a landslide victory in the country's recent elections, is sworn into office.

Analysts seemed to agree. One sector watcher said the suit "does not look dangerous at first sight. Given the change in government, I don't really see why the Venezuelans bothered."

Another added: "It looks like the government there is just looking for an opportune way of scraping together some extra cash."

Jump to full article »