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Smokers want another trial: ; Evidence unheard, lawyers argue, in medical monitoring lawsuit [Source: Charleston Gazette, The] 

Jump to full article: B&W NewsReal, 2003-11-06

Intro:

The state Supreme Court heard arguments Wednesday on whether a lower court should have to re-hear a lawsuit in which West Virginia smokers want tobacco companies to pay for special testing for lung cancer, emphysema and chronic obstructive pulmonary disease. . .

The jury declined to find that the companies make a defective product and rejected the claim that they should pay for hundreds of millions of dollars in testing for smoking-related diseases.

The Supreme Court will decide whether the smokers should get a new trial based on claims by their lawyers that the trial court made legal errors and that the jury was biased against the smokers from the beginning.

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