Jump to full article: AP, 2006-04-12
Intro: -The tobacco industry on Wednesday attacked a landmark jury verdict ordering cigarette makers to pay $590.9 million for nicotine patches, telephone hot lines and other programs to help Louisiana smokers kick the habit, saying the trial that lead to the decision had "enough reversible error for 10 cases."
A state district court jury found in July 2003 that cigarette makers had deceived the public with an addictive product and schemed to market cigarettes to children. The trial lasted more than a year.
Following the trial's second phase, in the spring of 2004, the jury rejected calls from class-action plaintiffs for medical monitoring of present and former smokers, but said the industry should provide free quit-smoking programs. Attorneys on both sides said it was the first time a jury had ordered such programs, rather than awarding monetary damages to smokers.
Before a five-judge panel of the state 4th Circuit Court of Appeal, Phillip Wittmann, an attorney for tobacco company R.J. Reynolds, said Wednesday the trial should have ended - in the industry's favor - when the jury ruled that cigarette makers had not manufactured a defective product as spelled out under Louisiana's products liability law. . . .
The judges asked only a few questions during the two hours of arguments and did not indicate when they would rule. If the tobacco industry eventually loses, and interest is applied to the verdict, the total could hit $1 billion, attorneys said.
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