Wednesday, March 16, 2011
Richard Cupp (Pepperdine) has posted to SSRN another piece from Pepperdine's symposium last spring, International Tobacco Litigation's Evolution as a United States Tort Law Export: To Canada and Beyond? The abstract provides:
In the late 1990’s, the states’ healthcare reimbursement lawsuits against the tobacco industry were settled for approximately $246 billion. In the wake of this enormous settlement, many similar lawsuits were initiated in other nations or by other nations. Most of these early healthcare reimbursement lawsuits failed. However, in 2005, the World Health Organization Framework Convention on Tobacco Control was finalized by over 150 nations, and today has been ratified by 168 nations. The Framework encourages nations to consider tort litigation against tobacco sellers as a way to limit tobacco usage. Canada’s provinces have been particularly aggressive in seeking to use healthcare reimbursement lawsuits inspired by the United States litigation as a tool for tobacco control. This Article considers ways in which United States-style litigation against tobacco companies might be both helpful and hurtful for other nations.