Monday, March 10, 2003

The Fat Lady is About to Sing.  Closing arguments occurred today in an Illinois class action lawsuit against Phillip Morris brought by smokers who alleged that they were deceived by labelling on "light" cigarettes.  The plaintiffs seek $7.1 billion (yes, that's with a "b") in compensatory damages and twice that amount in punitive damages.  As reported by Reuters in The Washington Post. 9:20:37 PM     Asbestos Workers Can Recover for Fear of Cancer Only.  The United States Supreme Court ruled 5-4 today that workers exposed to asbestos who have asbestosis can recover damages for the fear of cancer if they can document their fears about their health, even though they may never develop cancer.  The six retired railroad workers who brought the lawsuit had obtained a $5.8 million dollar verdict against Norfolk & Western Railway Company in the trial court, which was reduced by the intermediate appellate court to $4.9 million dollars.  The significance of the ruling will be determined when state courts start to determine whether to extend it beyond the context of railroad workers.  The dissent pointed out the important point that allowing these workers to collect money means fewer dollars for those who do develop asbestos related cancer.  The opinion itself can be read here while the article reporting about the case can be read in The Washington Post. 9:03:13 PM

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