UF Law grad kicks the nuts off of Big Tobacco

Discussion in 'Too Hot for Swamp Gas' started by UFLAW81, Jul 21, 2014.

  1. UFLAW81
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    UFLAW81 All Glory to Zarathustra VIP Member

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  2. channingcrowderhungry
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    channingcrowderhungry Well-Known Member

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    My grandfather started smoking in WW2 and said everyone knew it was bad for you back then. I've never bought the "didn't know it was bad and addictive" line.
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  3. OklahomaGator
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    OklahomaGator Moderator VIP Member

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    "The jury in the case Cynthia Robinson v. R.J. Reynolds Tobacco Company sided Friday night with Robinson, the widow of a longtime smoker who died of lung cancer in 1996, to award her more than $16 million in compensatory damages and $23 billion in punitive damages."

    According to the article the jury awarded one individual an award that is 1/7th of the large class action settlement that was reached years ago. That is beyond ridiculous, 23 billion for one person.
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  4. squigator
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    squigator Well-Known Member

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    I hold no love for big tobacco but we have way to many "victims" in our litigious society. Who's next, little marijuana.
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  5. gatorman_07732
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    gatorman_07732 Well-Known Member

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    I don't think they make people that dumb
  6. ufdocco
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    ufdocco Active Member

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    $23B is completely ridiculous.
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  7. squigator
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    squigator Well-Known Member

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    P.S. and we have way too many stupid people sitting in the jury box.
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  8. g8orbill
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    g8orbill Gators VIP Member

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    warnings all over the packaging

    if the guvment is going to allow this type of product on the market and they comply with what the guvment says needs to be on the packaging then there should be no damages awards
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  9. oragator1
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    oragator1 Premium Member

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    You know what's amazing? And I say this as done one that would like to see the whole industry end yesterday...but several studies have shown that smokers save the country money, because while their health care costs are higher, they live 10 years less, so SS and Medicaid savings more than offset the cost.

    http://usatoday30.usatoday.com/news/health/2009-04-08-fda-tobacco-costs_N.htm
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  10. PSGator66
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    PSGator66 Well-Known Member

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    The smokers should be sued for providing second hand smoke to those who choose not to smoke.
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  11. G8trGr8t
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    G8trGr8t Premium Member

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    12 idiots in a jury box. Can judge nullify verdict or damages?

    If not would the attorney like an indoor practice facility named after him?
    Last edited: Jul 21, 2014
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  12. QGator2414
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    QGator2414 VIP Member

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    This type of thing defines what is wrong with our legal system.
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  13. G8trGr8t
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    G8trGr8t Premium Member

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    The problem is the jury. We are the jury.

    How do you fix that?
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  14. Lawdog88
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    Lawdog88 Well-Known Member

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    Well, see, they must have been born with a genetic orientation that predisposed them to helplessly engage in this kind of elective behavior.

    You know, like other types of genetic orientation that predisposes some people to helplessly engage in certain kinds of elective behavior.
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  15. GatorBen
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    GatorBen Well-Known Member

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    Yes. If certain factors indicating that an award is clearly excessive exist, he can reduce the awarded damages himself and, if the adversely affected party doesn't agree with the reduced damages, order a new trial on damages.

    http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0768/Sections/0768.74.html

    Here's an appellate case from last December on another RJ Reynolds verdict discussing the remittitur process: http://opinions.1dca.org/written/opinions2013/12-17-2013/12-5063.pdf
  16. RayGator
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    I have to admit that this, the legal use of Tobacco, is one that really gets me going!!

    Why Is It Legal! Why?

    And As Deadly and Horrible as it is, Why Why Why does the Federal Government have a history of subsidizing Tobacco farmers to grow this crap??!! Why??

    As a kid growing up, I knew it was bad! As a kid! And that was before there were any warnings required to be placed on cigarette cartons, packages etc. And that was when Tobacco was OK to be advertised on radio, TV. My parents did not smoke. And when a TV commercial came on, me or my little brother, had to immediately get up and go the TV and turn it Off! My Mom and Dad did not even want Tobacco commercials on in our home! Never!

    And of course, over the years, the Warnings required have grown Bigger and Stronger! But of course, the hypocritical Federal Government still lets it be Legal. Why? Why?

    And of course TV warnings have become more intense about the horrible medical consequences of smoking and using Tobacco but it's still OK for it to be Legal! Why? Right now going on TV are warnings by a lady who has lost her vocal chords due to her smoking Tobacco. She has to use a device to help her speak. And while the sound of her speaking is not good at all, no doubt she's glad that she can attempt to verbally communicate to others. A guy has been on who has lost some limbs due to smoking. And there have been others on TV who have given their stories what Tobacco use has done to them. I'm sure many have seen them. And again, of course, with all this, Tobacco is still a Legal product! Yes it'll kill you or destroy your life! And bring so much pain and grief to your loved ones. But still, the Federal Government has NO conviction or conscience to make it Illegal! Ironic, isn't it! Sue those damn Tobacco Companies BUT lay no accountability at the feet of politicians! And until it's made Illegal, then on the warnings and lawsuits and all that stuff is nothing more than Hypocrasy on our part!

    About 20 years or go or so I was at a small gathering. A very important elected public official from Florida was there. And the subject turned to about Tobacco. Of course it was sure a horrible thing, we all agreed. I said to our state public official, it is so awful what we hear about all the health problems that Tobacco causes. And he said, it sure is. And the State has spent a lot of money in medical costs because of Tobacco. And he said, we sure have. And I said I think the first warnings required for Tobacco goes back to the 1960's. He said yeah, it does. So then after that exchange with him, I said, "Then, would you please tell me why, with all we know about this crap, why is it legal?"
    Why?" Well, he sure didn't expect that question and his face froze for a couple of seconds. And of course, then I got some vague politcian's answer.

    So as long as Tobacco is Legal, then all the Warnings. And all the Lawsuits. And all the commercial restrictions on Tobacco TV advertisings. And all the personal life stories we see on TV, or read in the press, about human lives being destroyed by Tobacco, are Empty. Meaningless. And they will never stop, until.........!

    I can come up with only One explanation why Government allows Tobacco to be Legal.! And One only! And I'm sure others know what that is also.

    So for now and no doubt in the future, the Tragedy of Tobacco will continue.
  17. QGator2414
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    QGator2414 VIP Member

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    Ray I get your rant but we could use that to make just about everything illegal. Why is alcohol legal? Why are restaurants allowed to sell too many calories (Dreamliner I am just pointing out some do not have self control :) )? Etc etc etc

    I dont smoke and have no desire to ever smoke. I use to smoke a cigar or two during the year. Always enjoyed the evening but always woke up feeling like my mouth was a wreck. So I dont desire to even have a Cigar anymore.
  18. HallGator
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    I read a paper on this a long time ago but one of the reasons tobacco was such an important crop it is was the main way many farmers made money. This, in turn, helped subsidize the growing of other needed crops. Tobacco also bought many a school clothes for kids living in the city who helped pick it and get it to market.
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  19. UFLAW81
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    UFLAW81 All Glory to Zarathustra VIP Member

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    It's amazing to me that so many here are ardent advocates of the second amendment, but are clueless as to the seventh amendment.
    You wouldn't have had the second unless the seventh was included, because the constitution would not have been ratified.
    So, as far as I am concerned, those of you who criticized the jury or the legal system need to turn in your guns, because I do not want hoopleheads like you defending either my second or seventh amendment rights.

    http://7thamendmentadvocate.org/
  20. philnotfil
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    philnotfil Well-Known Member

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    Why is $23 billion completely ridiculous?

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