Cigarette Maker Loses Supreme Court Appeal

AP ^ | 1/26/04

[Jean S]

WASHINGTON (AP) - R.J. Reynolds Tobacco Co. lost a Supreme Court appeal Monday that challenged a judgment awarded to the widow of a teacher who died of cancer.

The Supreme Court did not comment in turning down Reynolds' request to hear the case.

The nation's second-largest cigarette maker already paid the $195,000 judgment while the appeal was pending. Lawyers said it was the first time the company paid damages in an individual product liability lawsuit.

Floyd J. Kenyon Sr., of Sarasota, Fla., died of cancer in 2002, 60 years after he first started smoking as a teenager. He was diagnosed with lung cancer in 2000. Before his death, he and his family sued, claiming that RJR made a defective and dangerous product.

The tobacco company had asked the Supreme Court to consider blocking a Florida law that allows lawsuits against cigarette makers over their products, because of federal regulations for the making and sale of cigarettes. RJR attorney Robert Klonoff told justices in a filing that there are thousands of pending cases in Florida.

"Given their potential liability for every cigarette sale in the state, cigarette manufacturers would face severe pressure to discontinue cigarette sales in Florida, raising the very threat to the national economy that Congress sought to avoid," he told justices.

In afternoon trading on the New York Stock Exchange, RJR shares were up 64 cents at $60.23.

R.J. Reynolds makes Winston, Camel, Salem and Doral cigarette brands. Kenyon had smoked Camel and Salem cigarettes.

The case is R.J. Reynolds Tobacco Co. v. Kenyon, 03-687.

The Supreme Court also Monday:

-Asked for the Bush administration's views on the practice of drug makers paying generic companies that keep cheaper products off the market during patent disputes, in the appeal of an antitrust ruling against Aventis Pharmaceuticals and generic drug company Andrx Pharmaceuticals.

---

On the Net:

Supreme Court: http://www.supremecourtus.gov/

R.J. Reynolds Tobacco Holdings Inc.: www.RJRHoldings.com

AP-ES-01-26-04 1540EST

[bikerman]

Maybe they should sue the school he went to also for not teaching him to read the warning on the pack of butts.

[inquest]

He tried. Sovereign immunity. 8-]

[adakota]

What was HIS AGE? How convenient of the AP bias not to mention an age for this guy. Died 60 years after starting smoking as a TEENAGER. That probably put him into his mid to late 70's.

Even IF his smoking caused the cancer, he must have enjoyed 60 YEARS of whatever benefit he got from the stuff. Then he sues? Come on.

Hope he didnt raise his kids and grandkids to be this irresponsible.

[inquest]

The tobacco company had asked the Supreme Court to consider blocking a Florida law that allows lawsuits against cigarette makers over their products, because of federal regulations for the making and sale of cigarettes.

Not that I think the lawsuit against RJR has any merit, but this statement hits on what seems to be a major problem with current policy. I mean the apparent assumption that the issuance of federal regulations to an industry immunizes its companies from lawsuits. The upshot would be that a company could be doing something completely disreputable and genuinely injure somebody in the process, but if it doesn't violate any regulations they can't be held legally accountable for it. The upshot of that, of course, is the proliferation of regulations for every conceivable type of action.

Am I proceeding from a false assumption, Congressman?

[leadpenny]

RJR attorney Robert Klonoff told justices in a filing that there are thousands of pending cases in Florida.

At what point does RJR or one of the other cigarette companies just say, "We're outta here," and quit producing cigs?

[Cautor]

What was HIS AGE?

Floyd J. Kenyon Sr., of Sarasota, died of cancer last September. He was a teacher and school administrator in Massapequa, N.Y., before moving to Florida. He was 73 when the trial began, so expect he was in mid-70s when he finally died, probably not too far off a usual life expectancy.

[VRWC_minion]

THe low amount of money would seem to reflect an age adjustment.

Without knowing the specifics, the problem with applying this case to others would seem to me that the level of warning 60 years ago was non-existant. In fact, smokes were advertised as improving health.

If so, the exposure would be limited to older recenlty deceased smokers who have a short normal life span anyways.

[VRWC_minion]

At what point does RJR or one of the other cigarette companies just say, "We're outta here," and quit producing cigs?

Not too soon.

[Old Professer]

The real story here is that the SCOTUS refused to hear the case; that means we cannot expect a rebuke of the lower court but it does not mean that courts across the land are going to start handing handfuls of cash to current and ex-smokers.

[VRWC_minion]

More apt to settle.

[leadpenny]

I see cigarette production moving off-shore at some point, and a black market in this country that will rival the drug trade.

[Oztrich Boy]

He was 73 when the trial began, so expect he was in mid-70s when he finally died, probably not too far off a usual life expectancy.

Pretty much. In 1940 a 15 year old white male had an expectation of 52 more years (ie to 67)

In 1987 a 60 year old white male could expect to reach 78

[TheBattman]

That's exactly the point - What's the "average" life expectancy for Americans now? According to the CDC, the average life expectancy (men + women combined) is 77.2 years.

This guy lived to be right at the average - so how was his life shortened? I very much hate cigarette smoke and truly think it is a vice that represents an idol in many people's lives, yet this case is rediculous.

Who held a gun to his head and forced him to smoke for 60 years?

At that age, he was just as likely to die of other causes as lung cancer - he just happened to have succombed to the cancer.

I truly believe that the tobacco companies are evil, but we have to be responsible for our own actions and behavior. No one forced the cigarettes into him...

[NCPAC]

Smoke 'em if you got 'em,...while you still can.

[VRWC_minion]

Nah, too much money for Gov't and too many lobbyists at stake.

[groanup]

http://www.eclipse.rjrt.com

[VRWC_minion]

1933 The Journal of the American Medical Association publishes its first cigarette ad, a practice that would continue for 20 years.

1936 Brown and Williamson introduces Viceroy, the first national brand to feature a filter of cellulose acetate. Advertising increases the use of physicians to counter the claims that cigarettes are a major health problem.

1940 Most popular brands: Camel, Lucky Strike, Chesterfield, Raleigh and Old Gold.

1942 Brown and Williamson claims that Kools keep the head clear and give extra protection against colds. Lucky Strike, Chesterfield, and Camels all promote the health benefits of their cigarettes, including the prominent display of physicians. This practice continues into the 1950s, when it is abandoned in favor of silence on health issues.

[VRWC_minion]