RP>I have a problem with the idea of suing tobacco companies in the first
RP>place.  Whatever happened to personal responsibility?
  
       I do tend to agree with you, but each citizen has, or I thought
had, a right to adjucation before a jury if they felt they were due
just compensation for a wrong committed against them.  By saying this I
am not in any way claiming that there is merit to any individual case
of litigation.  I am merely saying that civil litigation is, or I
thought was, one of our most fundamental of rights.  
       The question I raise is not whether such individual suits would
have, or not have merit, but whether the government has a
constitutional ability to sell this right on our behalf.  Is selling
immunity from civil liability to a tobacco company the same as selling
immunity to prosecution for speeding to a bus company?
        This is pretty heavy stuff.
MA>      Once this door is opened what will follow?  Will airlines,
MA>pharmacutical compaines, who knows who be lining up in Washington and
MA>the state capitols seeking to buy immunity from civil liabilities from
MA>politicians desperate for cash to fund their pet programs?
RP>How about the possibility of say, the beef industry, being subjected to
RP>the same extortion as the tobacco companies under the pretense of payin
RP>for health problems caused by it?  How about the same thing being
RP>applied to manufacturers of walkmans and other sound systems that damag
RP>hearing because of their capability of being turned up too loud?  How
RP>about milk products that give problems to the lactose intolerant?  Or
RP>maybe all restaurants that serve cheeseburgers and fries.
RP>Almost anything could be subjected to such extortion which is what make
RP>the precedent such a dangerous one.
 
     I agree, from the side of doing business in this nation this does
not pose a pretty picture, but in the case of Texas, the final
settlement was a mutual one with the state and the tabacco industry
shaking hands with smiles and both apparently walking away happy with
the arrangement.  Both got something at the expense of the individual.
The state got tons of money and the tobacco company got immunity from
civil litigation.  Individual citizens only got oen of their
fundamental rights ripped from under our feets.
     Sure this sets a bad precedent for business as well, and could
very well lead to an avalanche of extortion each time the government
needs money, but consider what they are giving in echange for that
money, our rights.  That concerns me as well.
MA>      I haven't seen this question raised by anyone and it has always
MA>been my belief that the right of each citizen to seek compensation for
MA>harm done him by anyone to be one of the most fundamental rights we
MA>have.  This appears to be heavy stuff!
RP>It's heavy stuff all right, but IMO, for different reasons.
 
       At least we agree this is a bad thing to allow to happen. 
Whatever our causes for disapproval, if this can be combated and
renounced, if it can be prohibited from being done, I suggest we will
all, ultimately, be the winners.
 
                                        /\/\ike
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