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| Smoke without a fire |
07/07/2001 Judge denies smoking-related illnesses class-action suit Casino dealers and other employees who wanted tobacco companies to pay for medical exams to detect smoking-related illnesses have has their class-action status denied by federal judge, Philip M. Pro. Pro ruled that the differences in the four Nevada cases were too great to consider them as one for trial - although one case involved smokers, the others dealt with nonsmoking casino workers exposed to secondhand smoke. The plaintiffs expressed their disappointment at the ruling. Calling it a ?double loss for casino workers?, Robert Gerard, a Las Vegas and San Diego lawyer representing two of the plaintiffs, said, ?You usually cannot bring these cases one-by-one?. That?s not economical." The defendants were pleased with the decision, calling it ?sensible?. Said Daniel W. Donahue, senior vice president and general counsel for Reynolds Tobacco, "Tobacco class actions simply are not appropriate because they always involve a wide variety of individuals," he said, "(and) unique facts and circumstances." The plaintiffs? lawyers were concerned that the decision could put an end to cases in Nevada that aim to prove that tobacco companies lied about the adverse health effects of breathing secondhand smoke. Nevada has the highest per capita number of adults who smoke in the country. Gerard had hoped that a class-action suit would be granted that would have represented 100,000 nonsmoking casino workers in Nevada and many times that number of individual smokers. |
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