The "Light" Cigarette Case as an Example of the Limits of Law
Jump to full article: FindLaw Writ, 2008-04-11
Author: EDWARD LAZARUS
Intro: Why the Decision Is Important - and Why the Court of Appeals Refused to Reach Out to Remedy This Wrong
The case, in which plaintiffs alleged that Big Tobacco's marketing of light cigarettes violated the civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO), involved an estimated 60 million plaintiffs with alleged damages in the $800 billion range. It also claimed still more serious wrongdoing by the tobacco industry: The plaintiffs alleged that the tobacco companies touted light cigarettes as "lower risk," even though they knew full well that the purported health benefits were illusory, because smokers of lights would ultimately receive the same doses of tar and nicotine as smokers of regular cigarettes -- by either inhaling more deeply or smoking more cigarettes to satisfy their cravings.
U.S. District Judge Jack Weinstein, a liberal jurist once considered a leading authority on the rules of federal procedure, had written a 540-page opinion justifying class-action treatment of the plaintiffs' claims. But the three-judge Second Circuit panel that heard the case on appeal, despite recognizing the significant evidence supporting plaintiffs' allegations, nonetheless had little difficulty reversing Weinstein's ruling, and relegating light cigarette smokers to the water torture of litigating their claims against the tobacco companies on an individualized basis.
"While redressing injuries caused by the cigarette industry is 'one of the most troubling ... problems facing our nation today' ... not every wrong can have a legal remedy ... at least not without causing collateral damage to the fabric of our laws," Judge John M. Walker Jr. wrote for the Court of Appeals. .. .
Now, as we watch our financial markets struggle under the weight of questionable mortgage practices - the latest form of corporate excess - the question of how to strike the balance between over- and under-enforcement of the law becomes all the more urgent and timely.
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