A federal judge in New York ordered plaintiffs' lawyers and tobacco companies to start sketching the framework for a global settlement to end in effect all major tobacco litigation in the nation. That settlement would include a class-action lawsuit pending before the judge on behalf of all U.S. smokers with lung cancer.
"The time for bringing a close to tobacco litigation is nigh," U.S. District Judge Jack B. Weinstein said in an order issued in federal court in Brooklyn, following an impromptu hearing with industry and plaintiffs' lawyers.The ruling represents an extraordinary attempt by a single judge to end an intractable and escalating legal battle. Weinstein, a force in crafting major settlements in mass-injury claims over asbestos and the herbicide Agent Orange, has six tobacco lawsuits pending before him. Aside from the class action, they include lawsuits seeking billions of dollars in medical costs and smoking-linked personal-injury claims that are being sought by insurers, asbestos injury trust funds and health-benefit plans.
In Tuesday's surprise order, Weinstein told the lawyers in all six cases to choose representatives and "begin preliminary discussions designed to set a framework for settlement negotiations." He urged both sides to choose a mediator to get the talks started and warned that he will appoint one himself "if agreement cannot be reached."
The judge also recommended expanding the class action, known as Simon after the lead plaintiff, to include all people with smoking-related illnesses in the United States.
Via Associated Press