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Calif Supreme Court lifts tobacco suit deadlines
Breaking Legal News | 2011/05/06 04:33
The California Supreme Court has lifted legal deadlines for smokers who later develop diseases like lung cancer.

Lawyers who filed the lawsuit say Thursday's unanimous ruling in San Francisco will likely allow new smoker suits to be filed against the tobacco industry and keep alive lawsuits that may have been thrown out because of expired legal deadlines.

The case before the court involved former smoker Nikki Pooshs, who was diagnosed in 1989 with smoking-related chronic obstructive pulmonary disease in 1989 and a couple of years later with periodontal disease.

But Pooshs didn't sue the tobacco industry until she was diagnosed with lung cancer in 2003.

Cigarette makers argued the suit should be dismissed because California law gives people two years to file suit after discovery of an injury.


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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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