A Sociolegal History of the Tobacco Tort Litigation

Rabin, Robert L.

doi:10.2307/1229002

Cited by 25 publications

(14 citation statements)

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“…Therefore, despite the defense's tactics, such as focusing on the plaintiff's conduct and his or her alleged freedom of choice in smoking, the plaintiff could have a "partial victory" with an award based on the defendant's percentage of fault. 23 The second wave began in the 1980's because of the change in public attitude that spawned the United State's anti-smoking movement. Although freedom of choice and causation were still central issues in the cases, these issues were framed in a different environment -one where consumer protection groups were developing and toxic torts were in the spotlight.…”

Section: The First and Second Wavementioning

confidence: 99%

The role of litigation in tobacco control

Miura¹,

Daynard²,

Samet³

2006

Salud pública Méx

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S121 salud pública de méxico / vol.48, suplemento 1 de 2006The role of litigation in tobacco control ARTÍCULO DE REVISIÓN I n the last decade, tobacco litigation has transformed tobacco control, providing another strategy in the tobacco control armentarium for limiting the tobacco industry's activities and providing redress to persons injured by use of tobacco products. One of the most powerful consequences of the recent litigation has been the forced release of the industry's internal docu- AbstractThere is now 50-years of experience in the United States litigating against the tobacco industry. As the base of evidence regarding health effects has evolved and new legal strategies have emerged, successive waves of litigation have occurred. The many failures by the first and second waves were followed by some notable successes in the third. Litigation by flight attendants and the states led to substantial settlements and some beneficial consequences for tobacco control. One of the most significant consequences of state litigation was access to the industry's documents, gained through the Minnesota settlement. These documents further empowered the tobacco control movement and strengthened the basis for legal action. The continuing litigation in the United States remains a threat to the industry, in spite of the mixed outcomes of recent cases. ResumenExiste en los Estados Unidos una experiencia 50 años de litigios contra la industria del tabaco. La base de evidencia recopilada en relación con los efectos de la salud ha respaldado una nueva estrategia legal, lo que a su vez ha desencadenado sucesivas oleadas de conflicto. Los errores de la primera y segunda oleada fueron relevados por algunos éxitos notables en la tercera. Asimismo, los pleitos con asistentes de vuelos y con los estados condujeron al establecimiento substancial de algunos beneficios para controlar el consumo de tabaco. Uno de los resultados más significativos de litigio estatal ganado en el estado de Minnesota fue el acceso a los documentos de la industria. Estos documentos fomentaron el movimiento del control del tabaco y consolidaron la base para su demanda legal. Así, el continuo pleito en los Estados Unidos sigue siendo una amenaza para la industria tabacalera, a pesar de los resultados contradictorios de casos recientes.Palabras clave: litigio; tabaco; control; industria; legal ments that are in depositories in Minneapolis, Minnesota and in Guildford, England and with the exception of the British American Tobacco documents, largely available in electronic data bases accessible on line.

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Section: The First and Second Wavementioning

confidence: 99%

The role of litigation in tobacco control

Miura¹,

Daynard²,

Samet³

2006

Salud pública Méx

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“…Writing several years ago, before recent key developments (including the settlement of claims brought by state attorneys general), Rabin & Sugarman concluded that the individualistic orientation of the US civil litigation system made courts an ineffective forum for reducing tobacco risk (65,66). In many ways their perspective was similar to that of Rosenberg, in that they emphasized litigation outcomes rather than the organizing or political impact of the litigation process.…”

Section: The Literaturementioning

confidence: 99%

The New Public Health Litigation

Parmet

Daynard²

2000

Annu. Rev. Public Health

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▪ Abstract In recent years there has been an increasing use of litigation as a public health tool. Litigation has been brought to advance policies concerning such matters as tobacco, gun violence, and lead paint. This article discusses this development and the criticism that can be leveled at using litigation to develop public health policy. The article concludes that, although litigation may not always be successful, it can deter dangerous activities and play an important role in advancing the political and social struggle for public health.

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“…Most of these cases, including Lowe, were simply dropped by plaintiffs without formal disposition (Rabin, 1992), largely as a consequence of the legal defense strategy adopted by the tobacco industry. The industry decided to defend every claim, regardless of cost, through exhaustive discovery, inquiry into plaintiffs' personal habits and medical histories, lengthy trials involving numerous expert witnesses, and all necessary appeals.…”

Section: The First Wave (1950s-60s)mentioning

confidence: 99%

“…By the early 1980s, the evolution of product liability tort law had made suing the tobacco industry more credible (Rabin 1992). Personal injury lawyers had scored impressive victories in asbestos, Dalkon Shield, and Agent Orange "toxic tort" cases.…”

Section: The Second Wave (1980s-early 1990s)mentioning

confidence: 99%

Wealth Creation and Destruction from Brooke Group's Tobacco Litigation Strategy

Dahiya

Yermack

2000

SSRN Journal

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We examine value creation and destruction in the tobacco industry due to the radical litigation strategy pursued by Brooke Group and its CEO, Bennett LeBow. Brooke Group has a tiny market share, low margins, high leverage, and a high concentration of management ownership. Beginning in 1996 the firm reached settlements in lawsuits brought against all cigarette companies by class action plaintiffs and U.S. state governments. Brooke Group's actions, which included promises to cooperate in litigation against its rivals, spurred other companies to reach settlements on less favorable terms. The settlements eventually led to massive wealth destruction within the tobacco industry but impressive returns for shareholders of Brooke Group.

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A Sociolegal History of the Tobacco Tort Litigation

Cited by 25 publications

References 0 publications

The role of litigation in tobacco control

The role of litigation in tobacco control

The New Public Health Litigation

Wealth Creation and Destruction from Brooke Group's Tobacco Litigation Strategy

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