Lawsuit Against The Tobacco Industry Essay

701 words - 3 pages

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Running head: LAWSUIT AGAINST THE TOBACCO INDUSTRYLawsuit Against the Tobacco IndustryJane YorkLawsuit Against the Tobacco IndustryTeam A has done research on the lawsuit against the tobacco industry. In doing our research we have found information that would answer several questions. What is the legal basis for most of the current lawsuit? Negligence? Product liability? Breach of Contract. What are the defenses being argued by the tobacco industry? Are the lawsuits being filed in Federal court, or state court, or both? What kind of results are you finding at the trial level? On appeal? Which side is winning, the Plaintiffs or the tobacco industry?Legal Basis for LawsuitThere are several. One is a failure to properly warn the user that the use of tobacco might cause addiction to nicotine and has been known to cause cancer. Another basis is that the product is inherently dangerous and should not have been put into the stream of the commerce. Unfortunately, courts have held that the use of tobacco is voluntary and most of the dangers are known, so the user knew this and chose to use it anyway. The companies also argue that the warning on the package is enough to satisfy the obligation to warn. These are near impossible cases to win.Most of the current lawsuits are from people getting cancer or health related. One man lost his tongue due to oral cancer from smoking and got $37.5 million. A wife of a man who died from lung cancer got 20 millionDefense of the Tobacco IndustryThe tobacco industries do not have much to say for their defense. The tobacco industries are aware of what is going on. Their only defense is that there is inadequate labeling and therefore the warning was hid from smokers due to that. (Schachner, M., 1992)Where is Lawsuit Being Filed?The lawsuits are being filed in both Federal court and state courts. In 2000 Bill Clinton actually filed a suit on the federal level to recover the federal governments smoking related medical expenses. The awards, if any, were to get to strengthen Medicare and other health related programs. Most people have filed at their state level.The Results of...

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