Civil Liability Portions of the Proposed Tobacco Settlement: Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, Second Session ... Thursday, February 5, 1998U.S. Government Printing Office, 1999 - 223 strani |
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addiction agreement American Lung Association asbestos litigation asbestos victims asbestos workers asbestosis attorney-client attorney-client privilege attorneys award bacco billion cigarette smoking Cipollone civil liability civil liability provisions claimants claims class action COBLE committee compensation Congress congressional consolidated constitutional CONYERS costs Daynard deal disease documents effective enacted Federal courts filed fund future GEKAS global settlement immunity impact impose individual industry's issue JACKSON LEE joinder jury Kazan KOPLOW lawsuits lawyers Liggett Group limited lung cancer manufacturers marketing ment mesothelioma Minnesota misconduct Munzer nicotine OGDEN parties payments penalties percent plaintiffs privilege procedural Professor Proposed Resolution proposed settlement proposed tobacco protection public health punitive damages question R.J. Reynolds recovery regulation risk rules settle suits Supreme Court Tenth Amendment Thank tion tobacco companies tobacco control tobacco industry tobacco legislation tobacco litigation tobacco products tobacco settlement TOBACCO TORT LITIGATION tobacco-related tort system trial trusts youth smoking
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Stran 118 - ... questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
Stran 93 - Company wrote, following the dismissal of several individual cases, "the aggressive posture we have taken regarding depositions and discovery in general continues to make these cases extremely burdensome and expensive for plaintiffs' lawyers, particularly sole practitioners. To paraphrase General Patton, the way we won these cases was not by spending all of [RJR]'s money, but by making that other son of a bitch spend all of his.
Stran 80 - Court pursuant to statutory authority, the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience.
Stran 142 - We need not, therefore, elaborate the rule that the constitution does not forbid the creation of new rights, or the abolition of old ones recognized by the common law, to attain a permissible legislative object.
Stran 101 - Rule 1 it is provided that the rules shall be construed to secure the just, speedy, and inexpensive determination of every action...
Stran 142 - The statute under consideration sets aside one body of rules only to establish another system in its place. If the employee is no longer able to recover as much as before in case of being injured through the employer's negligence, he is entitled to moderate compensation in all cases of injury, and has a certain and speedy remedy without the difficulty and expense of establishing negligence or proving the amount of the damages.
Stran 143 - ... governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.
Stran 192 - No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act.
Stran 142 - No person has a vested interest in any rule of law entitling him to insist that it shall remain unchanged for his benefit.