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| | | | Cigarette and Tobacco News: Class Action Lawsuit Limits Up In Smoke? Attorneys Worried Over Frivolous LawsuitsRead Complete Article: San Fernando Valley (CA) Business Journal, 2009-06-08 Author: Thom Senzee San Fernando Valley Business Journal Staff
Intro: Some attorneys are warning that California businesses may want to brace for the effects of a recent state Supreme Court decision that could "open the floodgates" to frivolous and nuisance class-action lawsuits.
Proposition 64 was a 2004 ballot measure aimed at reining in such lawsuits. But, according to some, the 4-3 California Supreme Court decision against tobacco companies in the latest round of class-actions against them appears to have negated some of that proposition's intent.
After years in which California had what corporate defense attorneys characterized as the most liberal class-action standing requirements in the nation, many believed the passage of Proposition 64 would usher in an era of fewer so-called frivolous lawsuits. . . .
Thus, the court sent it back for trial, allowing tobacco companies to be sued by plaintiffs for having been deceived into smoking.
Justices did not duck the issue of possibly negating the voters' intent when they passed Proposition 64, acknowledging, however vaguely, that the decision in Tobacco II bypasses the measure.
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| | | Black Hawk State Trivia and Facts:Oklahoma has the largest Native American population of any state in the U.S. Many of the 250,000 American Indians living in Oklahoma are descended from the 67 tribes who inhabited the Indian Territory. Oklahoma is tribal headquarters for 39 tribes. |
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| |  | | Tobacco History: Cigarettes and Literature | The Social History of SmokingGeorge Latimer AppersonChapter 5:Among the many medicinal virtues attributed to tobacco was its supposed value as a preservative from contagion at times of plague. Hearne, the antiquary, writing early in 1721, said that he had been told that in the Great Plague of London of 1665 none of those who kept tobacconists' shops suffered from it, and this belief no doubt enhanced the medical reputation of the weed. I have also seen it stated that during the cholera epidemics of 1831, 1849, and 1866 not one London tobacconist died from that disease; but good authority for the statement seems to be lacking. Hutton, in his "History of Derby," says that when that town was visited by the plague in 1665, that at the "Headless-cross ... the market-people, having their mouths primed with tobacco as a preservative, brought their provisions.... It was observed, that this cruel affliction never attempted the premises of a tobacconist, a tanner or a shoemaker." Whatever ground there may have been for the belief in the prophylactic effect of smoking, there can be no doubt that in the seventeenth century it was firmly held. Howell in one of his "Familiar Letters" dated January 1, 1646, says that the smoke of tobacco is "one of the wholesomest sents that is against all contagious airs, for it overmasters all other smells, as King James they say found true, when being once a hunting, a showr of rain drave him into a Pigsty for shelter, wher he caus'd a pipe full to Be taken of purpose." But here Mr. Howell is certainly drawing the long-bow. One cannot imagine the author of the "Counterblaste" countenancing the use of tobacco under any circumstances.
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George Latimer Apperson
Chapter 4:It is somewhat singular that the Puritans, who denounced most amusements and pleasures, and who frowned upon most of the occupations or diversions that make for gaiety and the enjoyment of life, did not, as Puritans, denounce the use of tobacco. One or two of their writers abused it roundly; but these were not representative of Puritan feeling on the subject. The explanation doubtless is that the practice of smoking was so very general and so much a matter of course among men of all ranks and of all opinions, that the mouths of Puritans were closed, so to speak, by their own pipes. A precisian, however, could take his tobacco with a difference. The seventeenth-century diarist, Abraham de la Pryme, says that he had heard of a Presbyterian minister who was so precise that "he would not as much as take a pipe of tobacco before that he had first sayed grace over it." George Wither, one of the most noteworthy of the poets who took the side of the Parliament, was confined in Newgate after the Restoration, and found comfort in his pipe.
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