This is a judgment from the Fourth Circuit Court of Appeal of Louisiana, in which the court upheld tobacco companies' liability for defrauding a class of smokers by misleading them as to the addictive and damaging properties of tobacco products and ordered the defendants to fund a 10-year, 241 million dollar smoking cessation program for the benefit of class members. In this appeal, the tobacco companies challenged the procedure of the trial court and the size of the compensation fund. While upholding the companies’ liability, the appellate court slightly lowered the funding requirement by 10 million dollars and changed the timing of interest accruing on the judgment. This case was subsequently granted a stay of judgment, further delaying the execution and creation of the smoking cessation program, pending an appeal to the U.S. Supreme Court, which was denied on June 27, 2011.
Scott v. American Tobacco Co. et. al., 36 So.3d 1046 (La. App., 2010)
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"In order to avoid a due process violation in the context of this class action proceeding, the tobacco companies cannot be condemned to pay more into the limited ten-year program than the amount necessary to fund such program if every beneficiary participated. “If all members of a class come forward and individually prove their damages, the defendant's liability would be the total of all its liabilities to individual members.” 3 Alba Conte & Herbert Newberg, Newberg on Class Actions § 10:2, (4th ed.2002), p. 477. “The ultimate aggregate liability of the defendant can be no larger than its liability if all class members individually asserted their claims.” Id. at § 10:24, p. 537. Conte and Newberg further explains that “aggregate proof of the defendant's monetary liability is no more unfair than class treatment of other elements of liability.” Id. at § 10:2, p. 478.16
Our constitutional and statutory authority allows us to make a de novo review of the entire record on both facts and law in order to render final judgment on the proper amount of the award to fund the ten-year program for components one through four for the remaining eligible beneficiaries. La. Const. art. V, § 10(B); La. C.C.P. art. 2164. See also Grefer v. Alpha Technical, 02-1237, p. 22 (La.App. 4 Cir. 8/8/07), 965 So.2d 511, 526."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
This is a judgment from the Fourth Circuit Court of Appeal of Louisiana, in which the court upheld tobacco companies' liability for defrauding a class of smokers by misleading them as to the addictive and damaging properties of tobacco products and ordered the defendants to fund a 10-year, 241 million dollar smoking cessation program for the benefit of class members. In this appeal, the tobacco companies challenged the procedure of the trial court and the size of the compensation fund. While upholding the companies’ liability, the appellate court slightly lowered the funding requirement by 10 million dollars and changed the timing of interest accruing on the judgment. This case was subsequently granted a stay of judgment, further delaying the execution and creation of the smoking cessation program, pending an appeal to the U.S. Supreme Court, which was denied on June 27, 2011.