http://www.tobacco.org/newsfeed/category/lawsuits.rss Latest top tobacco news headlines en-us http://www.mitchellrepublic.com/event/article/id/38824/ http://tobacco.org/news/293086.html Attorney General Marty Jackley announced minutes ago that he and Secretary of State Chris Nelson have decided against appealing the decision of Circuit Judge Kathleen Trandahl in the smoking-ban referendum case. The American Cancer Society doesn't plan to appeal either. That clears the way for the ban to be referred to a statewide vote on the November 2010 election ballot. Mitchell Daily Republic Fri, 20 Nov 2009 05:00:00 GMT http://www.rapidcityjournal.com/news/article_c7620b6a-d618-11de-a9d4-001cc4c002e0.html http://tobacco.org/news/293085.html Following in the footsteps of the American Cancer Society, state officials Friday said the State of South Dakota doesn't intend to appeal a judge's decision regarding the statewide smoke-free referendum petition. Attorney General Marty Jackley and Secretary of State Chris Nelson said in a news release that they won't fight a decision by Judge Kathleen Trandahl ruled that there were enough petition signatures to refer the smoke-free law to the 2010 ballot and a public vote. Rapid City Journal Fri, 20 Nov 2009 05:00:00 GMT http://www.ballot-access.org/2009/11/20/south-dakota-court-says-inactive-voters-may-sign-petitions/ http://tobacco.org/news/293084.html On November 13, a South Dakota Circuit Court Judge ruled that petition signatures are valid if the signer is not on the list of active registered voters, but is on the list of inactive voters. Inactive voters are those who once registered to vote, but whose registration is considered questionable because the post office reported that the voter had moved and that voter has not re-registered. The judge, Kathleen Trandahl, also ruled that petition sheets are valid even if the notary public who notarized that sheet makes errors in his or her notarization statement, such as putting an incorrect date on when the notary's seal expires. Ballot Access News Fri, 20 Nov 2009 05:00:00 GMT http://www.keloland.com/News/NewsDetail6371.cfm?Id=92949 http://tobacco.org/news/293083.html After months of debate, South Dakotans will get the chance to decide the fate of a statewide smoking ban. The American Cancer Society announced Thursday that there will be no appeal of last week's judges ruling. The smoking ban will be decided during the general election on November second of next year. But now, supporters of that ban have officially kicked off their campaign. . . . "We're going to move forward with the statewide ballot campaign basically. We're going to use the Great American Smokeout as our jumping off point for launching the statewide campaign," Erik Gaikowski of the American Cancer Society said. That means, their campaign starts today, and with the fate of the smoking ban out of the courts and going to the people, the American Cancer Society says they feel the ball is now in their court. KELOLAND TV sneisteadt@keloland.com Thu, 19 Nov 2009 05:00:00 GMT http://www.argusleader.com/article/20091121/NEWS/911210338/1001/news http://tobacco.org/news/293082.html The way has been cleared for voters to decide the fate of South Dakota's smoking ban in next year's general election after Secretary of State Chris Nelson and Attorney General Marty Jackley announced Friday the state will not appeal a Circuit Court decision. Judge Kathleen Trandahl ruled this month that opponents of the smoking ban secured enough valid signatures in a petition drive to meet the threshold for a referendum. The ban was passed by the Legislature in March and signed into law but never enforced. . . . "I think the reality of the likelihood of success in an appeal made this a fairly easy decision," he said. "Am I greatly troubled by some areas the judge said were OK and found substantial compliance? Absolutely." Nelson said he might recommend to the state Board of Elections when it meets in December that the Legislature be approached to tighten up statutes to avoid a repeat of the controversy over the smoking ban petitions. Sioux Falls Argus-Leader pharrima@argusleader.com ( Peter Harriman) Sat, 21 Nov 2009 05:00:00 GMT http://www.edmontonjournal.com/health/makes tobacco crooks health costs/2244845/story.html http://tobacco.org/news/293078.html Health Minister Ron Liepert suggested a new law allowing the province to recover health costs from convicted criminals will have teeth. "Let me give you an example, a purely hypothetical example. You have an individual who decides in the middle of the night to break into the Calgary Zoo. He goes one step further and decides he's going to break into the tiger cage and challenge the tiger," Liepert said. "Guess what happens? The tiger takes on the character, and he's hospitalized for quite some time. Who's paying his hospital bill? All of us as taxpayers. Because some hypothetical individual decided to take on a tiger in the middle of the night." The health minister made the comments as MLAs ended debate of Bill 48, the Crown's Right of Recovery Act. Edmonton Journal taudette@thejournal.canwest.com (Trish Audette, Edmonton Journal) Canada Fri, 20 Nov 2009 05:00:00 GMT http://www.nytimes.com/2009/11/21/business/21smoke.html http://tobacco.org/news/293073.html Legal experts predict that thousands of tobacco lawsuits could gain momentum in Florida after a Fort Lauderdale jury ordered Philip Morris USA to pay $300 million to a former smoker who says she needs a lung transplant. If it survives an appeal, the verdict late Thursday would be the nation's largest award of damages to an individual suing a tobacco company and could encourage thousands of plaintiffs who have filed similar cases in Florida, according to Clifford E. Douglas of the University of Michigan Tobacco Research Network. . . . Brendan J. McCormick, a spokesman for Altria, said Friday that the company expected the federal appellate court to reject the standards of proof set by the state Supreme Court. "What you have is a defined number of cases in Florida with unique issues that will ultimately be resolved on appeal," he said. David J. Adelman, a tobacco analyst for Morgan Stanley, said the Florida case and, separately, forthcoming class-action lawsuits over light cigarette claims pose an "undeniable" increase in the industry's legal risk "which had previously declined to an unprecedented low point." In an interview, Mr. Adelman noted that there were no jury trials in cigarette cases all of last year, and that other states had decertified class-action suits New York Times Sat, 21 Nov 2009 05:00:00 GMT http://www.bhpioneer.com/articles/2009/11/16/news/doc4b0197ca7b949326297966.txt http://tobacco.org/news/293064.html Two unusual arguments made in court on behalf of the American Cancer Society last week didn't get far. Cancer society lawyer Richard Casey of Sioux Falls claimed that South Dakota's expanded smoking ban couldn't be referred to a public vote because the ban was necessary to preserve public health. Read more... Black Hills Pioneer Mon, 16 Nov 2009 05:00:00 GMT http://weblogs.sun-sentinel.com/news/politics/broward/blog/smokingverdict.pdf http://tobacco.org/news/293063.html We the Jury, return the following verdict: 1. Was the negligence on the part of Philip Morris USA a legal cause of Lucinda Naugle's emphysema? Yes-V. 2. Were the defective cigarettes by reason of their design, manufactured by Philip Morris USA, a legal cause of Lucinda Naugle's emphysema? Yes-V. 3. Did Lucinda Naugle reasonably rely on a statement to her detriment made by Philip Morris USA that intentionally concealed or omitted material information? Yes-V. 4. On the claim of fraud by conspiracy, were acts done by Philip Morris USA, in furtherance of the conspiracy a legal cause of Ms. Naugle's injuries? Yes-V. . . . 8. Please state whether, under the circumstances of this case, you find by clear and convincing evidence that punitive damages are warranted against Defendant, Philip Morris USA. Yes-V. In determining the amount of punitive damages, if any, please state the total amount which you feel should-be assessed against the defendant. The Court, in entering judgment, will not reduce the amount of punitive damages by the percentage of fault which you find is chargeable to the plaintiff. 9. What is the total amount of punitive damages, if any, you find, by the greater weight of the evidence, should be assessed against Philip Morris USA? $244,000,000 SO SAY WE ALL, this 19 day of November, 2009, Sun-Sentinel Thu, 19 Nov 2009 05:00:00 GMT http://weblogs.sun-sentinel.com/news/politics/broward/blog/nauglelawsuit.pdf http://tobacco.org/news/293062.html 37. As a direct and proximate result of smoking cigarettes manufactured and sold by one or more Defendants, Plaintiff suffered from one or more of the diseases and medical 6 conditions described, including emphysema/COPD, which was caused by her addiction to cigarettes that contain nicotine and each of which manifested during the class period. COUNT I: STRICT LIABILITY . . . COUNT II: FRAUD BY CONCEALMENT . . . COUNT III: CONSPIRACY TO COMMIT FRAUD BY CONCEALMENT . . . COUNT IV: NEGLIGENCE . . . COUNT V: BREACH OF EXPRESS WARRANTY . . . COUNT VI: BREACH OF IMPLIED WARRANTY Sun-Sentinel Tue, 02 Sep 2008 04:00:00 GMT http://abcnews.go.com/Business/wireStory?id=9135428 http://tobacco.org/news/293059.html A former smoker who just won a $300 million verdict in Florida against Philip Morris USA has pulled out of a news conference about the case. Lawyers for 61-year-old Cindy Naugle will talk at the Friday news conference in Fort Lauderdale. But a spokesman for the attorneys said Naugle canceled plans to speak due to health reasons. Naugle has emphysema. AP Fri, 20 Nov 2009 05:00:00 GMT http://www.calgaryherald.com/health/Province passes bill take tobacco firms/2243421/story.html http://tobacco.org/news/293058.html The Alberta government has passed a bill allowing it to join other provinces in suing tobacco companies to recover billions of dollars in smoking-related health costs and for alleged misrepresentation of their products. Bill 48, Crown's Right of Recovery Act, also enables the government to recoup health-care costs from convicted criminals injured while committing an offence, such as drunk driving or being mauled by a Siberian tiger--a controversial provision that's being questioned by legal experts and opposition parties. The legislation lets the government retrieve costs resulting from "wrongful acts or omissions" by tobacco manufacturers, and could see the province try to snare some of the roughly $500 million in annual health costs associated with tobacco use. But neither Premier Ed Stelmach nor Health Minister Ron Liepert will say when, or if, they'll put the law into use and seek to recoup health-related costs from Big Tobacco. Calgary Herald jfekete@theherald.canwest.com (Jason Fekete, Calgary Herald) Canada Fri, 20 Nov 2009 05:00:00 GMT http://www.cigaraficionado.com/Cigar/CA_Features/CA_Feature_Basic_Template/0,2344,2977,00.html http://tobacco.org/news/293057.html The fleur-de-lis fight has ended. Altadis U.S.A. Inc. and Tatuaje Cigars jointly announced yesterday that they have reached a mutual agreement ending the trademark battle over Tatuaje's use of the fleur-de-lis on its cigar brands. "It's over," said Pete Johnson, owner of the Tatuaje, La Riqueza, Ambos Mundos and other cigar brands. Johnson said this morning that he would be making "minor changes, nothing that is really noticeable" to his cigars. Tatuaje, a boutique brand rolled in Miami and Nicaragua by Jos� "Pepin" Garcia, was named the hottest cigar brand in America by Cigar Insider this summer. Cigar Aficionado Fri, 20 Nov 2009 05:00:00 GMT http://www.cbc.ca/canada/edmonton/story/2009/11/20/calgary-bill-48-tabacco-lawsuits.html http://tobacco.org/news/293056.html Alberta has passed legislation allowing the province to sue criminals and tobacco companies to recover health-care costs. Bill 48, called the Crown's Right Recovery Act, passed on Wednesday. Once the bill is proclaimed law, Alberta could file lawsuits against drunk drivers and those convicted of violent crimes to recover any health-care costs related to their crimes. Alberta could also sue tobacco makers or join existing lawsuits to recover health-care costs for tobacco-related illnesses. Ontario has already launched a $50 billion lawsuit while Quebec is looking to recover $30 billion. CBC News Canada Fri, 20 Nov 2009 05:00:00 GMT http://www.google.com/hostednews/ap/article/ALeqM5iM3ULceEd2Y25T-4zBO9pl3UfB3wD9C30SO80 http://tobacco.org/news/293055.html A South Florida jury on Thursday ordered Philip Morris USA to pay $300 million to a former smoker, agreeing that the tobacco company's negligence was the cause of her emphysema. The award for Cindy Naugle, 61, is the largest to date among thousands of lawsuits filed in the state against tobacco companies. "Cindy admitted her fault to the jury," her attorney, Robert W. Kelley, said in a statement. "But Philip Morris refused to accept any responsibility for her emphysema, even though she was an addicted customer for 25 years." . . . "Large verdicts encourage other large verdicts," said Richard A. Daynard, professor of law at Northeastern University and chairman of the Tobacco Products Liability Project. "I think Philip Morris has finally met its match in Florida. This gives jurors permission to fully compensate plaintiffs for all the harm they suffered and to express their moral outrage at the industry's behavior." AP Thu, 19 Nov 2009 05:00:00 GMT