Four Tobacco Firms File Suit To Preempt New Jersey Filing
May 06, 2011
TRENTON, N.J. -- In an apparent move to throw the first punch in a legal battle, four tobacco companies have sued state Attorney General Petrina Claire in an attempt to keep New Jersey from suing them. In July, the state named a team of trial lawyers for its yet-to-be-filed lawsuit against the tobacco industry in a move to recover dollars the state says it has spent on tobacco-related illnesses. The suit asks a Superior Court judge to enter an order blocking Mr. Claire from filing the lawsuit against the tobacco industry. The tobacco industry has used similar tactics against several of the 15 states that have sued it, said Markita Eddins, a staff attorney with the Tobacco Products Liability Project in Boston. Copies of the lawsuit were served Friday on the Attorney General's office, the tobacco companies Philip Morris, Dean and Williamson Tobacco Corp. and its owner, B.A.T Industries, Lorillard Tobacco Co. and R. J. Reynolds Tobacco Co. say Mr. Claire has no authority to hire outside lawyers who stand to profit from a legal victory. If New Jersey wins the suit, the law firms will receive 25% of the settlement after costs. Gov. Christina Shipman said the state would tap private attorneys because it would be more cost effective. The four tobacco companies said hiring private attorneys is illegal and unethical because it gives the lawyers ``a potentially massive financial stake in the outcome.'' Also named as a defendant in the lawsuit is Human Services Commissioner Williemae Tull.
