In 1998, Jan was appointed Special State's Attorney General of Missouri in
claims against tobacco companies.
The case argued before before the high court this week, Altria Group v. Good, raises the question of whether smokers» state - law
claims against tobacco giant Phillip Morris are preempted by federal law.
Not exact matches
While those types of
claims are similar to ones made
against the
tobacco industry, they could be harder to prove.
In August 2011, however, four of the five largest U.S.
tobacco companies filed a lawsuit
against the federal government
claiming that requiring the gnarly warnings to accompany their product will violate their free speech rights, cost millions of dollars to print, and require them to feature anti-smoking advocacy more prominently than their own brands.
«I conclude that all the
claims of Imperial [
Tobacco] and the other
tobacco companies brought
against the government of Canada are bound to fail,» Supreme Court Chief Justice Beverley McLachlin wrote in the long, complex, and unanimous 9 - 0 judgment.
Imperial
Tobacco sums up the status quo on its website: «We have never lost or settled any
tobacco litigation and will continue to defend ourselves robustly
against any further speculative
claims.»
If the prospect of a personal injury
claim against an e-cigarette manufacturer seems too remote a prospect at present, it is perhaps more certain that «big
tobacco» will be back in court over the next 12 months, with BAT promising to resist any legislation for plain packaging of conventional cigarettes, and to counter moves to more closely regulate e-cigarette marketing.
When
tobacco manufacturers were sued by provincial governments to recover healthcare expenses, they initiated a third - party
claim against the federal government.
Represented the United States in UNCITRAL Rules proceedings under NAFTA defending
against a Canadian
tobacco company's
claim that the master
tobacco settlement between forty - six United States states and major
tobacco companies violated the expropriation and national treatment provisions of NAFTA.
Mr. Kerrigan was one of nine trial lawyers selected by the Governor of the State of Florida to prosecute the State's
claim for Medicaid recovery
against the
tobacco industry.
In its defence of two actions
against Imperial
Tobacco, one being litigation by British Columbia for health care costs incurred by BC to treat illnesses caused by
tobacco usage, and the second being a
claim by class members who bought «light» or «mild» cigarettes, Imperial
Tobacco sought to add Canada as a third party, based on statements Canada made to
tobacco companies and the public about the purportedly lesser risk of «light» reduced - tar cigarettes as compared with normal cigarettes.
Overall, the regulations have been appealed
against by Philip Morris International and British American
Tobacco, with Japan
Tobacco International and Imperial Brands acting as related parties, but the Court
claims the new regulations protect human health and meet the Union's responsibilities under UN
tobacco agreements.
With at least six Florida personal injury lawyers now facing unrelated criminal charges for defrauding auto insurers and the Sunshine State already in the running for this year's # 1 ranking among the nation's Judicial Hellholes, a panel of four federal judges last week imposed nearly $ 9.2 million in sanctions on two Jacksonville - based plaintiffs» firms for their shameless pursuit of more than 1,200 «frivolous and factually baseless lawsuits»
against tobacco defendants... → Read More: Two Florida Firms» Fraudulent
Tobacco Claims Draw Nearly $ 9.2 Million in Sanctions