Jump to full article: AP, 2008-02-25
Intro: The Supreme Court on Monday rejected a tobacco industry request to intervene in a lawsuit by over a thousand West Virginia smokers.
The justices declined to examine a trial procedure in which a jury first determines whether smokers as a group are entitled to punitive damages before establishing whether any single smoker is entitled to compensation.
Later, a new jury addresses issues unique to each alleged smoking victim who sued.
West Virginia courts are allowing the approach, which has been used in other types of lawsuits, including claims for asbestos exposure.
The second phases of such trials rarely occur, because the two sides usually settle once they know the value of the case.
Tobacco companies oppose use of the legal device, which lawyers call "reverse bifurcation."
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