Another Flight Attendants ETS Class Action Lawsuit Moves Forward
On December 11th, 2000, a divided U.S. Supreme Court let stand a 9th U.S. Circuit
Court of Appeals decision of April 6, 2000 which will enable a class action
lawsuit to proceed against Northwest Airlines on behalf of flight attendants
who claim they were harmed by secondhand smoke on flights to Asia.
In ruling 6 to 3 not to hear the appeal of Northwest Airlines in this case, the
U.S. Supreme Court cleared the way for a federal District Court in
Washington state to begin further legal proceedings in the case (Julie
Duncan v. Northwest Airlines) in which flight attendants are seeking tens of
millions of dollars for up to 4,000 flight attendants who were forced to
breath secondhand smoke on long flights to Asia after Northwest Airlines had
banned smoking on domestic flights many years previously. Go to the SFELP
Recent ETS News site for a news article on this case, and for direct links
to the U.S. Supreme Court decision, and the 9th U.S. Circuit Court decision.
Source: Jim Bergman
Smoke-Free Environments Law Project
The Center for Social Gerontology
Ann Arbor, Michigan
California Smoker Wins $1.5M in Lawsuit
SAN FRANCISCO, Feb. 10, 1999 (AP) -- A smoker who sued Philip Morris after
being diagnosed with inoperable cancer won $1.5 million Tuesday (Feb. 9th)
in the first case to reach trial since California lifted a ban on lawsuits
by individuals against tobacco companies.
UPDATE: Jury awards Patricia Henley $50 million in punitive damages
Judge Strikes Down NYC Outdoor Tobacco Ad Ban
A federal judge yesterday struck down a New York City law that would
have banned outdoor cigarette advertisements within 1,000 feet of schools,
playgrounds, arcades and youth centers, and would have prohibited store
owners from placing tobacco ads in doors and windows. In her ruling, Judge
Deborah Batts found that the city's law is preempted by the Federal Cigarette
Labeling and Advertising Act, which prevents states from addressing health
concerns by passing more aggressive tobacco advertising restrictions than
are already imposed by federal law.
Advertising trade groups and a coalition of grocery stores that sued
to block the law said they were vindicated by the ruling. "The issue
we are dealing with is our right to advertise perfectly legal products.
This was an attack by the health police, who were willing to destroy us
to accomplish their goal," said Howard Tisch, president of the Metropolitan
Food Council. City Council Speaker Peter Vallone said he would appeal the
ruling. "Today's decision is a setback for the children of New York
City. All research shows that teen-age smoking is skyrocketing, and one
of the biggest reasons is the advertising targeting young people,"
Source(s): NEW YORK TIMES, (12/16/98) "Law Limiting Cigarette
Ads Is Overturned", Abby Goodnough, p. A27
WALL STREET JOURNAL, (12/16/98) "Federal Judge Strikes Down Ban
Against Tobacco Ads In New York", Paul Barrett, p. B8
USA TODAY, (12/16/98) "Tobacco Ads", p. A3
South Dakota Extends Smoking Ban To State Prisons
In South Dakota, the State Penitentiary in Sioux Falls and the Springfield
State Prison will be smokefree, starting January 1, 1999.
Update: Inmates can no longer smoke at the South Dakota State
Penitentiary, but prisoners will still be allowed to use ceremonial pipes
for American Indian religious ceremonies.
Source: "South Dakota," USA TODAY, December 18, 1998, p. A8.
USA TODAY, January 12, 1999, p. A11.