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News (Media Awareness Project) - Class Action Lawsuit Filed in Response to Tobacco Settlement
Title:Class Action Lawsuit Filed in Response to Tobacco Settlement
Published On:1997-07-08
Fetched On:2008-09-08 14:40:21
July 8, 1997

CHICAGO(BUSINESS WIRE) via Individual Inc. In light of the
recent proposed $368 billion settlement between Big Tobacco
companies and a group of attorneys general, the Chicago law firm of Kenneth
B.Moll & Associates Ltd. responded by filing a class action lawsuit
on behalf of all Illinois residents whose rights would be affected if
the settlement is approved by Congress and the Clinton administration.

The lawsuit, known as the "Daley Class Action," was filed Monday,
July 7, 1997, in the Circuit Court of Cook County, Ill. The
complaint names 32 defendants, including the major tobacco manufacturers,
distributors, wholesalers and industry groups.

The Daley plaintiffs are suing on behalf of a class made up of
over 3 million Illinois residents who have suffered death, numerous
diseases, and other damages due to nicotine addiction and the harmful
effects of tobacco.

According to health statistics:

Each year, there are over 20,000 overall tobacco related deaths
in Illinois;

Every day more than 55 Illinois residents die from tobacco use;

Approximately 2,000 additional Illinois residents die each year
from exposure to secondhand tobacco smoke;

Currently, there are over 3 million smokers in Illinois (1
million of which are under the age of 18);

16.2 percent of high school boys use smokeless tobacco; and

Each year, medical costs directly related to smoking are almost
$2 billion.

Attorney Kenneth Moll said, "A primary goal of the Daley Class
Action is to preserve the most efficient and adequate means of recovery
for all persons who have been injured by the defendants' harmful tobacco
products and wrongful conduct." Moll said he is concerned that the
settlement agreement, if approved in its present form, will deny
many potential plaintiffs their constitutional right to full recovery
for their losses.

"There are simply too many provisions in this settlement that
would allow Big Tobacco companies to continue to rack up huge profits
and continue to manufacture and sell dangerous products, while
severely restricting their victims' rights to legal redress," said Moll.

Moll's concerns, shared by many plaintiffs' attorneys nationwide,
are summarized as follows:

Class Actions Banned: The proposed tobacco settlement would
prohibit all plaintiffs' class actions against tobacco companies,
thereby precluding "one of the most effective and efficient procedural
vehicles available to consumers and the courts," explained Moll. "There are
over 3 million potential plaintiffs in the state of Illinois alone," said
Moll. "To be required to file individual lawsuits on behalf of each and
every plaintiff would simply be an unmanageable burden on the judicial
systemand the plaintiffs themselves."

No Punitive Damages: Under the proposed tobacco settlement, all
punitive damages would be banned. "This would undermine the legal
system, denying plaintiffs their constitutional right to due
process, while setting a dangerous precedent which could be applied to other
industries that manufacture and sell unreasonably dangerous products," said
Moll.
"To eliminate punitive damages in light of all the documentation
and proof that we now have against the Tobacco Industry would be a
slap in the face to millions of victims who have suffered and continue to
sufferas a result of the defendants' wrongful conduct."

Compensatory Damages Capped: "The proposed tobacco settlement
would limit the yearly dollar amount the tobacco companies would
be forced to pay out for injuries to plaintiffs to between $2.8 and 5
billion an amount far short of what is necessary to compensate the
millions of victims," said Moll. "There are over 400,000 tobacco related
deaths each year in the United States. Not including all other injuries and
diseases caused by tobacco, the 'Tobacco Cartel' would be limited to paying
only $7,000 to $12,500 per death under the proposed tobacco
settlement," said Moll.

A copy of the 142 page complaint available upon request.

CONTACT: Kenneth B. Moll & Associates Ltd. | Kenneth B. Moll,
312/5586444

[Copyright 1997, Business Wire]
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