Jump to full article: Bloomberg News, 1999-12-21
Intro: The 58-page opinion by U.S. District Judge Gladys Kessler in Washington allows the unions to proceed in an area where plaintiffs have had little luck. Most suits filed by labor unions have been dismissed before trial.
Kessler, who also is handling the case the U.S. Justice Department filed in September against the tobacco industry, explicitly rejected the views expressed in decisions on similar cases by four U.S. appeals courts.
``With all due respect to the four circuit courts that have spoken, this court concludes that their rulings underestimate the inherent ability and flexibility of our common law-based legal system to respond to the demands of a case as difficult as this,'' she wrote.
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Quotes from this article:
With all due respect to the four circuit courts that have spoken [on union trust fund suits], this court concludes that their rulings underestimate the inherent ability and flexibility of our common law-based legal
system to respond to the demands of a case as difficult as this.
.S. District Judge Gladys Kessler in Washington, DC. Quoted in <i>Tobacco Companies Lose Bid to Dismiss Union Trust Fund Suit</i>
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