National tobacco case to be heard in Bangor
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National tobacco case to be heard in Bangor


By Judy Harrison
BDN Staff
Woodcock

BANGOR, Maine— Attorneys from around the country descended Wednesday on the federal courthouse in Bangor for a conference on a class-action lawsuit against the makers of light cigarettes.

It is the first multidistrict litigation case ever assigned to U.S. District Court in Bangor.

Multidistrict litigation, or MDL, is the label the federal judiciary gives cases filed against the same party or parties in federal courts around the nation. Once cases have been combined, a three-judge panel assigns them to one federal judge.

At least 20 lawsuits from around the country have been combined in Bangor. The MDL has been assigned to U.S. District Judge John Woodcock, who has not handled one since his appointment to the federal bench in 2003. Moreover, the original Maine case that led to the 20-case MDL is once again in the hands of Woodcock, whom the U.S. Supreme Court reversed last year.

In a 5-4 a split won by the court’s liberals, the justices ruled in December that smokers may use state consumer protection laws to sue cigarette makers for the way they promote “light” and “low tar” brands. The Altria Group Inc. argued on behalf of its Philip Morris USA subsidiary that the lawsuits are barred by the federal ciga-rette labeling law, which forbids states from regulating any aspect of cigarette advertising that involves smoking and health.

Tobacco litigation in federal court is not unusual. Cigarette cases regularly are filed in state and federal courts around the country. It is unusual for the first case in the nation against a particular tobacco company to be filed in Maine.

Bangor lawyer Samuel W. Lanham Jr. filed the lawsuit in August 2005 on behalf of Lori A. Spellman of Levant and Stephanie Good and Allain L. Thibodeau, both of Bangor. Each smoked Marlboro Lights for 15 years or more. The plaintiffs are not seeking damages for personal injuries or health problems caused from cigarette smoking.

Instead, the lawsuit alleges that they were hoodwinked into thinking that “light” cigarettes contained less tar and nicotine than full-flavor cigarettes. The plaintiffs are seeking unspecified compensatory, punitive and other damages.

Woodcock granted summary judgment in the cigarette makers’ favor in 2006. The 1st U.S. Circuit Court of Appeals reversed that ruling the next year and attorneys for the tobacco firm appealed to the nation’s highest court. It was the first case argued during the U.S. Supreme Court’s term last year.

The meeting Wednesday was purely about scheduling — which motions the judge will hear first, when briefs must be filed, how often Woodcock will hold conferences with attorneys, and which attorneys on both sides will act as liaisons from the court to the more than 25 attorneys scattered throughout the country.

The case is not expected to be decided anytime soon.

No hearings in the case will be held until January or February. Once Woodcock rules on whether the facts in a landmark case upheld earlier this year by the U.S. Court of Appeals for the Washington, D.C., Circuit can be applied to the MDL case, his decision is expected to be appealed to the U.S. 1st Circuit Court of Appeals in Boston. That decision also could go to the U.S. Supreme Court.

Attorneys appeared visibly relieved when Woodcock, a Bangor native, said he would conduct monthly conferences via telephone and they would not have to fly to Bangor.

“I’m sure it would be helpful to the Bangor economy to have you all come her once a month, but I don’t think that’s the most efficient use of your clients’ money,” he said.

The Associated Press contributed to this report.

jharrison@bangordailynews.net

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Comments
17 comments on this item

Honestly.... It is amazing what people resort to. You all chose to smoke and now you want money because of the fact that your light cigarettes weren't what you thought they were. It's all in the filter... not the tobacco. Just so sad. The cigarette company didn't force you to smoke. I smoked for over 20 years and would never attack the company that made the cigarettes that I enjoyed to smoke.

What the hell is a "light" cigarette? One with fewer calories than a regular one?

gold diggers. I went to natural tobacco, and found how great grandpas smoking thier whole life unfiltered made it to their 90s. I hate smoking, but do have an unusual problem. non-natural is the killer, it is indeed the companies. Why don't we all sue?

I can't believe they are wasting the courts time on this crap. I have smoked for 35 years and knew even before I started that it was not healthy. I admit I did it because my friends did. NO one held a gun to my head and told me to start smoking. I have never felt 'hoodwinked' by the cigarette companies. What a lame way to try and make a few bucks and waste taxpayers money by tying up the court.

What kind of a moron does not know that smoking any kind of cigarette is not good for you. I am 49 years old and have known this since I was in the 1st grade. These cases are all about greed.....lawyers and clients (who should be held responsible for bad life decisions)are out for the easy money. I have very little sympathy for some fool that has smoked for 25 years , and know thinks it is someone else s fault.

Tort reform?////

It does make one wonder at the reasoning for this lawsuit. I mean really people! Didn't we all pretty much know that lighting a leafy chemical laiden stick on fire and inhailing the smoke into out raw fleshy lungs wasn't GOOD for us??? I mean it doesn't take much to know that??? But what I really want to know is....where are all the lawsuits on alcohol comapanies?? I mean shouldnt we be taking blood tests of all the people that kill or injure people driving drunk, and determining what alcohol they drank and suing them for helping to enable us to kill someone?? ha! THINK PEOPLE!!! It's all about choices!

I smoked for 45 years and one day i decided to quit not blame anyone or believe another party was to blame for my stupid decisions. Lokks to me like someone looking for some free money.

The usual humorless just-say-no puritans aside, my oh my, don't we have a lot of people with Stockholm Syndrome writing posts here today. These are tough folk who knew exactly what they were getting into when they first lit up and today would damn anyone who would want to help the tens of millions of nicotine-heads like themselves who must inevitably become mortally ill as a consequence of this terrible addiction. They're outraged at the sin of greed they claim to believe motivates those who would infringe on the free-ranging operations of their much adored drug dealer -- in this case, The Altria Corp. (aka Phillip Morris). Their overriding moral concern seems somewhat misplaced but how very noble of them.

no forced.......just additives to ADDICT you...... where do we sign up for this case??? lots more of us active people need retrubution as well.....

I’m sorry but it is wrong to sue for some self inflicted health issues people have after smoking or death for that matter. I am 46 and as far back as I can remember we were told smoking cigarettes was bad for our health. I saw the posters in the subways while growing up in NYC, saw them in the city buses as well and I do recall the warnings as well on the bottom of the ad, yes it was fine print but it was still readable. We lives in times that are hard on everyone financially and this seems to be an easy way out. Wake up folks these law suits could take days, weeks, months and or years. Get out and get a job if you need money that bad. My dad passed away 5 months ago from Emphysema and end stage C.O.P.D. all because he chose to smoke since he was 15. He worked in 2 hospitals in NYC and over the course of 20 plus years got to know many physicians and I’m sure they told him smoking was no good for his health. Like I said before about the posters/banners in the buses, subways and even through the media (newspapers, magazines, and t.v.) all those other forms of print ads showed at the bottom of the ad about the dangers of smoking. But he chose to ignore them like 99% of smokers do. Mom or anyone of his 8 children could sue, but for what? Will it bring back my dad, my hero. No not at all, on one of the last visits I had just days before my dad’s passing, he said to me, Kerry tell Sean to stop smoking. I told my son just that, he went to his grampy’s funeral but he still chooses to smoke. I pray he will wake up before it’s too late for him too. No one put a gun to my dad’s head nor my sons for that matter and told them they had to smoke. The baby of our family smoked but when she learned she was pregnant she gave up the smoking, but within a matter of time she went back to smoking. She talked with her doctor and she quit cold turkey. What was the point in having a baby if she wasn’t going to be there to see him grow up. She now has 2 children and it’s been 5 years since she quit and I applaud her. I think seeing my dad’s health decline as he aged was enough of a wake up call for her. I tried smoking not once but twice when I was about 12, the coughing and hacking was enough for me to never do it again. When I had my children my folks babysat while their dad and I worked. I hated when I’d open the diaper bag up and it reeked like an over run ashtray. I had always kept an extra set of cleans clothes, diapers, burp clothes and etc in the bag and would have to let the bag air out and wash clothes that had never been used or worn. I dealt with that for about 2 ½ years or so, like I said I hated it. But that was my dad, he was the best dad a girl could ask for, he was loving, caring, giving and he was an awesome grampy to my children as well as the other 12. I never had the heart to say anything to dad about how much I hated the smoking and even having to grow up in it for the first 26 years of my life. So again before you go and sue step back and look in the mirror to see exactly who it is that buys those cigarettes of any kind and who it is that smokes them and you will see that it is you, yourself causing your own demise.

Kerry1963- Very touching story and so true. I had quit smoking for almost 2 years and just started up again about 4 months (very very stupid thing to do) and am in the process of trying to quit again. I started smoking when I was 19 years old because it was the "cool" thing to do, well I do not feel so "cool" now. It was my own choice to start smoking and even though I smoke light cigarettes I know that they are no better for me than regular (full flavor) cigarettes, the only reason I smoke lights is because the flavor is less intense not because they are better for me and anyone that says they were not aware of this is full of crap. I truely feel that they are just looking to get some free money and lawyers knowing that cigarette companies will usually settle out of court just to keep people quiet and they have the money to spare these people feel this is easier than getting a real honest paying job and they should be ashamed of themselves, do what the rest of us do and get a 40 hour a week JOB!!!!! Also if you choose to smoke take responsibilty for your actions and do not blame somebody else they did not hold you down and put a cigarette in your mouth and light it.... if they did then you may actually have a lawsuit but until this happens it is all your fault for smoking and no one elses, I know this and so do most smokers!

When people ask me what I love best about living in Maine, I always tell them: It's living among such warm, compassionate people.

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