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Cigarette Maker Loses Supreme Court Appeal
AP ^ | 1/26/04

Posted on 01/26/2004 1:12:21 PM PST by 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


TOPICS: Front Page News; Government
KEYWORDS: lawsuit; pufflist; rjr; rjreynolds; smoking; tobacco
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To: JeanS
It is beyond ridiculous that he should even sue, much less get a settlement. Its not like he didn't know cigs were bad for you. In the 40's I can remember my parents & their friends refering to their cigs as coffin nails. If he had quit when they started putting warnings on cig packages & still developed cancer I might have had some sympathy for him.
21 posted on 01/26/2004 5:00:55 PM PST by Ditter
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To: groanup
Thanks, but I've been rolling my own for over a decade - and no, I will not sue the tobacco or rolling papers manufacturer(s) should I contract cancer from smoking. In fact, I just lit up...
22 posted on 01/26/2004 5:05:55 PM PST by NCPAC
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To: NCPAC
I've been smoking Eclipse for three years. Can't live without 'em. I never smell like cigarettes, I can rent smoke free hotel rooms and I can smoke in my house without bothering anybody. There is something addictive in the damn things. RJR isn't stupid. I'm probably smoking heroin.
23 posted on 01/26/2004 7:20:33 PM PST by groanup (We sleep soundly because rough men stand ready to die for us.)
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To: groanup
If you're smoking heroin at cigarette prices, you are getting one helluva deal!

I may have to check them out - especially since you say they are odor free.
24 posted on 01/26/2004 7:44:56 PM PST by NCPAC
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To: mylife; Mears
ping
25 posted on 01/27/2004 12:50:42 AM PST by leadpenny
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To: adakota
Hope he didnt raise his kids and grandkids to be this irresponsible.

The Liability Lottery, a few actually believe that there is fault elsewhere, most see a cash cow and go milk it. It's not the victim mentality, it's a shrewd deliberate business decision.

26 posted on 01/27/2004 1:13:05 AM PST by this_ol_patriot
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To: JeanS; VRWC_minion
Reuters
R.J. Reynolds' Loss Widens on Charges
Tuesday January 27, 8:48 am ET


CHICAGO (Reuters) - R.J. Reynolds Tobacco Holdings Inc. (NYSE:RJR - News), the maker of Camel and other cigarettes, on Tuesday posted a wider fourth-quarter loss than a year ago on charges from a program aimed at cutting costs as it loses sales to lower-priced competitors.
Winston-Salem, North Carolina-based R.J. Reynolds posted a loss of $136 million, or $1.62 a share. The loss included $608 million of restructuring and noncash impairment charges. In the fourth quarter of 2002, R.J. Reynolds posted a net loss of $59 million, or 69 cents per share, which also included special items.

Sales fell 12.2 percent to $1.23 billion in the quarter and total domestic shipment volume fell 9 percent to 19.5 billion cigarettes as sales of the company's lower-priced brands fell. The total industry's shipments for the quarter rose 0.2 percent to 90.6 billion cigarettes, R.J. Reynolds said.

R.J. Reynolds agreed to buy rival British American Tobacco Plc's (London:BATS.L - News; AMEX:BTI - News) U.S. operations in October, bringing together the No. 2 and No. 3 U.S. cigarette makers.

The company said Tuesday that it expects to receive approvals for the deal by the middle of this year.

The company said it expected 2004 operating income of $705 million to $755 million, including $20 million in charges. The company posted an operating loss of $3.84 billion in 2003, including charges.

It also forecast net income of $385 million to $415 million. The company said it was too early to include the potential impact of the Brown & Williamson deal in its forecast.


27 posted on 01/27/2004 6:03:18 AM PST by leadpenny
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To: leadpenny; Gabz; SheLion; CSM; metesky; Great Dane
ping
28 posted on 01/27/2004 9:09:40 AM PST by Mears
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To: JeanS
If I were RJR I would just stop selling cigs in floriduh and I would then be exempt from the MSA. Take that money and use it for lawsuit lottery players.
29 posted on 01/27/2004 9:25:12 AM PST by CSM (Council member Carol Schwartz (R.-at large), my new hero! The Anti anti Smoke Gnatzie!)
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To: Mears; CSM; SheLion; *puff_list; Madame Dufarge
The family just got the old man's money back. Maybe Dufarge can pull this scam when I kick the bucket.
30 posted on 01/27/2004 9:28:39 AM PST by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: groanup
I'm not familiar with Eclipse but was quite interested in what you had to say.

I did go to their website but hearing about them from someone like you means more to me.

I can't believe that they don't smell up the room so I'm going to try them soon.Very intersting and thanks for your post.
31 posted on 01/27/2004 10:07:44 AM PST by Mears
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To: groanup
What does Eclipse taste like? What brands would you compare them too?
32 posted on 01/27/2004 10:43:30 AM PST by CSM (Council member Carol Schwartz (R.-at large), my new hero! The Anti anti Smoke Gnatzie!)
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To: Mears; CSM
Eclipse is unusual. You must learn how to smoke them. They light like a cigar and go out after a couple of minutes if you don't take a puff. They give you a real "hit" like a strong cigarette but you have to be careful not to get too big of a hit. They stay very hot from the filter on out. The tobacco is heated, not burned so no ashes, no ligering odor, no cigarette breath.

There is something addictive in them. They used to be sold only over the internet and when I ran out and had to smoke regular cigarettes I was NOT a happy camper. I can't stand regular cigarettes now.

You can read all about them on their site. (see my link above).

It took me about three weeks to completely switch over and when I did I felt like I was going through a little nocotine withdrawal which didn't bother me at all. Just a little lightheadedness etc.

Smoking lamp is lit.

33 posted on 01/27/2004 12:19:16 PM PST by groanup (We sleep soundly because rough men stand ready to die for us.)
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To: groanup
It sounds like you could smoke them in a non smoking area and no one would be bothered. Have you ever tried that?
34 posted on 01/27/2004 12:26:13 PM PST by CSM (Council member Carol Schwartz (R.-at large), my new hero! The Anti anti Smoke Gnatzie!)
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To: adakota
What was HIS AGE?

Great point. Even using the term teenager conservatively, say 13, that means he lived to at least 73 or as old as 79.

Pretty good given his life expectancy at birth was probably around 60-65. Perhaps smoking made him live longer??

35 posted on 01/27/2004 12:30:03 PM PST by 1Old Pro
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To: Cautor
so expect he was in mid-70s when he finally died, probably not too far off a usual life expectancy.

Not for a male born around 1925.

36 posted on 01/27/2004 12:31:05 PM PST by 1Old Pro
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To: JeanS
http://www.ssb.no/english/yearbook/tab/t-020210-076.html

A male born in 1925 had a life expectancy of 60 years. If born in 1920...only 54 1/2 years.

 

76   Life expectancy
 
SexYear Age
0 1 5 10 20 30 40 50 60 70 80
 
Males                      
1866-1870 47.31 51.96 53.13 49.77 42.04 35.66 28.53 21.40 14.99 9.35 5.32
1871-1875 47.41 52.04 53.31 50.07 42.45 36.10 29.06 21.85 15.19 9.55 5.38
1876-1880 49.33 53.86 54.82 51.51 43.87 37.46 30.21 23.00 16.07 10.17 5.88
1881-1885 48.62 52.95 54.35 51.42 43.97 37.59 30.34 22.95 16.03 10.04 5.64
1886-1890 48.98 53.07 54.21 51.18 43.90 37.80 30.55 23.18 16.23 10.16 5.65
1891-1895 49.10 53.33 53.78 50.44 43.11 37.31 30.26 23.07 16.18 10.17 5.61
1896-1900 51.47 55.91 55.50 51.61 44.04 38.05 30.93 23.58 16.57 10.36 5.70
1901-1905 53.99 57.64 56.58 52.58 44.88 38.68 31.37 23.93 16.81 10.63 5.88
1906-1910 55.64 58.74 57.27 53.25 45.45 39.04 31.61 24.02 16.85 10.56 5.90
1911-1915 56.32 59.20 57.53 53.43 45.47 38.94 31.44 23.84 16.71 10.47 5.78
1916-1920 54.50 57.15 55.53 51.52 43.91 38.33 31.44 23.93 16.67 10.38 5.70
1921-1925 60.41 62.64 60.31 55.90 47.52 40.33 32.39 24.42 17.00 10.65 5.92
1926-1930 61.74 64.00 61.39 56.93 48.26 40.77 32.68 24.64 17.14 10.77 5.92
1931-1935 63.77 65.82 63.03 58.48 49.54 41.49 33.19 24.92 17.23 10.75 5.95
1936-1940 64.55 66.29 63.37 58.80 49.76 41.57 33.17 24.88 17.20 10.68 5.77
1941-1945 63.74 65.22 62.58 58.25 49.54 41.86 33.72 25.65 17.99 11.26 6.10
1946-1950 69.25 70.70 67.30 62.63 53.25 44.22 35.16 26.43 18.39 11.43 6.30
1951-1955 71.11 71.95 68.40 63.65 54.11 44.81 35.54 26.60 18.52 11.60 6.39
1956-1960 71.32 71.94 68.29 63.50 53.93 44.57 35.19 26.21 18.12 11.38 6.28
1961-1965 71.03 71.42 67.74 62.94 53.34 43.93 34.58 25.62 17.60 11.04 6.12
1966-1970 71.09 71.22 67.51 62.69 53.08 43.61 34.22 25.32 17.33 10.87 6.14
1971-1975 71.41 71.38 67.63 62.80 53.21 43.76 34.36 25.41 17.44 10.88 6.18
1976-1980 72.19 71.92 68.11 63.23 53.59 44.12 34.67 25.69 17.70 11.11 6.39
1981-1985 72.69 72.34 68.50 63.60 53.95 44.48 34.98 25.96 17.90 11.25 6.46
1986-1990 73.09 72.72 68.88 63.96 54.29 44.81 35.36 26.28 18.11 11.39 6.48
1991-1995 74.38 73.82 69.93 64.98 55.26 45.72 36.25 27.09 18.68 11.67 6.50
1996-2000 75.54 74.87 70.97 66.03 56.27 46.79 37.31 28.10 19.53 12.18 6.70
2000 75.96 75.28 71.37 66.42 56.68 47.28 37.86 28.65 20.06 12.54 6.80
2001 76.21 75.53 71.62 66.66 56.90 47.50 38.05 28.81 20.13 12.58 6.83
                     

37 posted on 01/27/2004 12:35:15 PM PST by 1Old Pro
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To: inquest
Conversely, why can't the FedGov be sued as well since they profit nearly as much as RJR through taxes. If they regulate rather than prohibit the product, are they as negligent as RJR, after all they require the warnings?
38 posted on 01/27/2004 12:36:14 PM PST by MileHi
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To: TheBattman
This guy lived to be right at the average - so how was his life shortened?

Yep, he lived a normal life expectancy. Inother words, cigateetes did not make him die prematurely.

39 posted on 01/27/2004 12:37:30 PM PST by 1Old Pro
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To: CSM
Smoked them in the rest room at a hockey game in a non-smoking facility. Nobody knew. Be careful though. Some nanny sees you and she'll do a back flip. It LOOKS like you're smoking a cigarette.

I walked into a convenience store with one in my hand. The clerk informed me there was no smoking in here. I said I'm not smoking. He said yes you are I can see the fire. I held up the thing and poised it in front of his face for a moment. No smoke. He followed me out the door trying to find out where he could get them.

The smoke bothers no one except idiots who want to control your habits. My daughter abhors cigarette smoke. She ignores the Eclipse smoke. There IS smoke but it is almost all water and glycerine.

40 posted on 01/27/2004 12:58:33 PM PST by groanup (We sleep soundly because rough men stand ready to die for us.)
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