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10) Sufficient evidence was presented that a tobacco company's act of manufacturing or selling defective or unreasonably dangerous cigarettes was tantamount to intentional wrongdoing where the evidence demonstrated that the tobacco company: had an active process of creating controversy regarding the health risks of smoking; planned to dispute every Surgeon General's Report, regardless of its basis; had policies of preventing harmful information from becoming available to the public; and established procedures to ensure negative information did not reach the public. Majority Opinion in the Smith appeal.
[Brown & Williamson] had an active process of creating controversy regarding the health risks of smoking and planned to dispute every surgeon general's report, regardless of what it was based upon. Further, B&W had policies of preventing harmful information from becoming available to the public and established procedures to ensure negative information did not reach the public.Missouri Court of Appeals Judge Robert G. Ulrich, in the majority opinion in the Smith case.
Because punitive damages serve a public interest and are intended to protect the general public, as opposed to benefiting or rewarding particular private parties, we find the State, in seeking punitive damages in the suit against B&W, did so as parens patriae and in this capacity represented the interests of all Georgia citizens, including plaintiffs here.Presiding Justice Carol W. Hunstein, writing for the Georgia Supreme Court majority opinion that found the MSA precludes punitive damages in individual lawsuits.
[The Georgia Supreme Court] determined that, under Georgia law, punitive damages are a matter of public interest and when a state dismisses its claim for those damages in a consent decree, individuals are bound and may not recover them on their own.Martin L. Holton III, senior vice president and deputy general counsel - litigation for R.J. Reynolds. The Court has apparently determined that the MSA shields tobacco companies from individual lawsuits.
If we were to stop trading tomorrow, I think society would have horrendous problems. Who is going to supply a billion people with cigarettes if the legitimate cigarettes industry stops trading tomorrow? It would be counterfeiters and organised crime. Is that what society wants?
When a foreign nation appears as a plaintiff in our courts seeking enforcement of its revenue laws, the judiciary risks being drawn into issues and disputes of foreign relations policy that are assigned to -- and better handled by -- the political branches of government.2nd U.S. Court of Appeals in New York, in rejecting separate lawsuits by the European Union and by 25 departments of the nation of Colombia which accused B&W and RJR of smuggling cigarettes.
One thousand Missourians die every year. But that's just part of their business. Independence (MO) attorney Ken McClain, in closing arguments in the Smith case.
[T]he evidence indicates that American Tobacco manufactured, marketed and sold Pall Mall cigarettes containing excessively high levels of carcinogenic tar and lacking effective filter technology, for and in the state of Arkansas; untruthfully represented that cigarette smoking did not cause cancer; and actively attempted to suppress research into the harmful health consequences of cigarette smoking.8 th U.S. Circuit Court of Appeals decision in the Boerner case.
I don't think I have to, in the course of this long trial, put up with that.Judge Gladys Kessler, on the KoolMIXX CD queued up by Justice Department lawyers.