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Low Dose CT Scan Medical Monitoring Trial Arrives for Big Tobacco

Posted in Cancer, Litigation Industry, Mass Tort Issues, Medical Monitoring, Tobacco

Trial has finally arrived for the long-pending and much litigated Donovan class action against big tobacco in federal court in Massachusetts.  For big tobacco, delay apparently is perceived as a friend, but the delay also brought new findings supporting low dose CT scans (2010 post here, and 2015 post here), and a sweeping 2009 ruling… Continue Reading

Big Tobacco Moving into Positive Science?

Posted in Cancer, Science, Tobacco

Big tobacco asserts it’s now trying to use science in a positive way, instead of simply using them to create “doubt.” The story is told in a June 23, 2015 story from Reuters. The intro is pasted below: WASHINGTON (Reuters) – Scientists who have devoted years developing medicines to cure disease are now working for… Continue Reading

Tobacco Suits Rising

Posted in Asbestos, Cancer, Litigation Industry, Tobacco

More and more suits are aimed at big tobacco. Set out below is a press release on two new suits, with more suits said to be on the way. Boston Non-profit Takes Cigarette Companies to Court March 26th, 2015 For Immediate Release Contact: Mark Gottlieb – 617-373-2026 The Public Health Advocacy Institute (“PHAI”) announced today… Continue Reading

More Advertising for More Tobacco Claiming – NGOs Focused on Litigation Are Forces to Consider

Posted in Asbestos, Tobacco

Dragging down big tobacco is a massive job. Asbestos defendants never have figured out how to do it successfully, perhaps in part because some insurance companies have conflicts of interest on the topic. One NGO has been a consistent force in dragging down big tobacco – it is now known as the Public Health Advocacy Institute… Continue Reading

Bladder Cancer Defendant Says Smoking and Other Factors Caused the Tumor – What Will The Jury Say?

Posted in Causation - Cancer, Tobacco

The role of smoking in cancers is an increasingly litigated issue for cancers that are not lung cancer. For example, a current trial in a Takeda- Actos bladder cancer case is reported by LAW360 to include a defense expert assigning causation to “tobacco abuse,” diabetes and excess weight. According to the article: “Mark Schoenberg, a… Continue Reading

New Data on Second Hand Smoke Remaining in the Air

Posted in Asbestos, Tobacco

A new study provides data on second hand smoke remaining in residences. The article is  Semple et al, How Long Does Secondhand Smoke Remain in Household Air: Analysis of PM2.5 Data From Smokers’ Homes, Tob Res (2014) 16 (10): 1365-1370. doi: 10.1093/ntr/ntu089. The abstract states: “Introduction: More than 80% of secondhand smoke (SHS) is invisible to the human eye,… Continue Reading

Big Tobacco’s Engle Appeals Continue at SCOTUS

Posted in Tobacco

Big tobacco is continuing its effort to undo Engle through appeals to SCOTUS. Last fall, big tobacco launched yet another attack. Now, LAW360 reports that 10 new cert petitions were filed this week. The article starts out:  "Big Tobacco launched an offensive Friday in the U.S. Supreme Court against Engle progeny litigation, asking the court to… Continue Reading

Big Tobacco Moves More Massively into the Russian Marketplace – No Fear of Russian Lung Cancer Litigation

Posted in Tobacco

Big tobacco continues to expand its global spreading of death and cancer, this time with Phillip Morris and Japan Tobacco making  major new investments in Russian tobacco sales. A cynic might think big tobacco does not fear increases in lung cancer litigation in Russia. Besides, even if lung cancer litigation does surge in Russia in… Continue Reading

150 Cases Involving Lorillard’s Kent Micronite Filters with Crocidolite Fibers

Posted in Tobacco

A new Mother Jones article by Myron Levin provides a cogent summary of the Kent filter story, with links to some interesting old ads run by big tobacco and some other source documents. Claiming against Lorillard seems to be increasing; according to the article: "While there’s no official count, records and interviews suggest that mesothelioma… Continue Reading

More Progress on Pinpointing Lung Cancers Caused by Smoking

Posted in Tobacco

Although researchers generally are not interested in litigation, their insights continue to have implications for toxic tort litigation. For example, a recent paper in Oncogene reports on Mayo researchers identifying a mutation biomarker related to one form of lung cancer in smokers. Mayo’s press release is here. The abstract for the paper states the following… Continue Reading

Secrecy Runs Amok – Tobacco Companies Obtain an Order Suppressing A List of Tobacco Lawsuits (But the List is Republished Here)

Posted in Tobacco

Secrecy in litigation: good, bad or otherwise? Court orders for secrecy sometimes raise difficult issues and one understands a sealing order. Other times, the secrecy appears completely undeserved. A recent example of apparently undeserved secrecy is playing out in Canada in connection with tobacco companies seeking insurance payments for their expenses in defending tobacco cases. … Continue Reading

Fingerprinting a History of Cigarette Smoking Through Epigenetic Changes

Posted in Tobacco

For asbestos litigation defendants, a recurrent fear is facing waves of lung cancer claims that we would today say are completely or mainly caused by cigarette smoking. Accordingly, most lung cancer claimants face interrogatories and deposition questioning about whether, how much and how long they smoked.  Over time, science may also answer the questions, as… Continue Reading