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Oregon Supreme Court Requires Harm in Tobacco Suit

From the AP:

PORTLAND, Ore. (AP) -- The same Oregon court that slapped Big Tobacco with a huge punitive damages award has handed the industry a victory by rejecting a class-action lawsuit for medical monitoring costs.

The Oregon Supreme Court ruled unanimously Thursday that smokers must show actual harm to make a negligence claim against cigarette manufacturers -- not the mere possibility of harm in the future.

A woman had sued on behalf of 400,000 Oregonians, claiming the companies "knew or should have known that their cigarettes contained toxic and hazardous substances likely to cause lung cancer."

The case is S054378 Lowe v. Philip Morris USA, Inc.; the state Supreme Court's ruling is available here. RJR Reynolds news release is here.

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.