TIP: Click on subject to list as thread! ANSI
echo: surv_rush
to: MIKE ANGWIN
from: ROBERT CRAFT
date: 1998-02-24 18:39:00
subject: Tobacco Settlement

-=> On 02-21-98  08:44, Mike Angwin did testify and affirm <=-
-=> to Robert Craft concerning Re: Tobacco Settlement <=-
 MA> I do tend to agree with you, but each citizen has, or I
 MA> thought had, a right to adjucation before a jury if they
 MA> felt they were due just compensation for a wrong committed
 MA> against them. 
 RC> [...snip...]
 
 RC> That's true and I am not in favor of the proposed
 RC> settlement either. I consider it the legalised looting of a
 RC> politically unpopular industry, nothing more.
 
 MA> I agree that is an aspect of this for sure. Tobacco is a
 MA> legal product and as such should, despite it's populatiry,
 MA> be afforded all of the constitutional rights and
 MA> protections of any other industry. Yet we do have a pattern
 MA> of behavior here, on the part of government, that is
 MA> consistant and long established. Adult materials and
 MA> entertainment, alcohol, and gambling are also industries
 MA> which have been singled out by government for special
 MA> treatment. 
Special treatment, yes. But, outright extortion? As in "you
pay us $##,###,###,###.## or we'll bankrupt you with
repetitive litigation"? At least, during Prohibition, they
were honest about their goals and actually took the step of
making alcohol illegal and proceeding from there. This crew
can't even be bothered to project even that facade of
honesty. 
 RC> Interestingly, the ONLY benefit the tobacco companies were
 RC> to receive in the proposed settlement was the relief from
 RC> further litigation. Now that it appears the immunity from
 RC> future prosecution will not be approved, the tobacco
 RC> companies certainly have no economic reason to finalize the
 RC> agreement.
 MA> In the 40 some odd state national settlement you may be
 MA> correct, but Texas has already reached an independent
 MA> settlement. If this proceeds, the rights of Texans to civil
 MA> litigation will have been sold. 
It's far from settled, even in Texas - all it takes is one
person to contest the "class" action suit in order to have
the agreement submitted to a constitutional test.
 RC> Personally, I think every case should be litigated.
 
 MA> Every case with merit,
That goes without being said - frivolous suits should be
treated as the nonsense they are. 
 MA> that shouldbe one of our fundamental rights and one of the
 MA> three or four essential functions of government to see that
 MA> that right is preserved, not sold to the highest bidder. 
... I WARNED you about Clinton!!
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