Jump to full article: B&W NewsReal, 2004-02-06
Intro: Sick West Virginia smokers may have their day in court at last.
The Supreme Court of Appeals has refused to consider a ruling by Ohio County Circuit Judge Arthur M. Recht, which means an estimated 1,100 plaintiffs can move forward with their lawsuits against cigarette makers.
Recht scheduled a status conference for all attorneys to meet Feb. 5 in Ohio County. . . .
After reviewing extensive legal articles and theories, particularly a 1992 U.S. Supreme Court of Appeals opinion Cipollone v. Liggett Group Inc. - Recht came to a different conclusion. He said the Labeling Act did not shield, or preempt, certain non- advertising promotions from liability.
Recht told the defense attorneys he realized his turnabout was not fair, and he put the case on hold while the defense filed its certified a question to the Supreme Court, asking the justices to consider Recht's ruling.
In mid-January - six months after the certified question was filed - the justices decided to refuse the question, which means the case at last can move forward.
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