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A Weblog of Centrist Voices in American Politics |
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May 19, 2006We Don't Need No Stinking JuriesSJC says tobacco firms can't blame smokers as defense The Supreme Judicial Court ruled yesterday that cigarette makers cannot defend against personal-injury lawsuits by arguing that smokers should know the health risks of cigarettes and thus are responsible for harming themselves. Sigh. MA judges are doing their best to help our state live down to its reputation as a bunch of zealots. I think this is a chasmic overreach of judicial authority. Apparently there is, at this point, no need to even have a trial. Just sue, and get a check. The only defense is not a defense. I hope this leads to a slapdown. Posted by Kranky Kritter at May 19, 2006 01:04 PMComments
Perhaps the next time you invite political refugees from absurd laws in Flyover Country to come and take refuge in Massachusetts, you should label the post "come out of that frying pan, it's much warmer in this here fire." ;) Posted by: Simon at May 19, 2006 01:12 PMROTFL! It just goes to show, it's all a gamble, right? I mean, if you're a pregnant abortion-seeking lesbian engaged to a woman that smokes, what are you to DO? Where do you live? My advice is to quit smoking, move here to get married, and get yourself a nice Boston Bruins license plate to help blend in. Posted by: bk at May 19, 2006 01:30 PMI guess they just felt in their gut it's the right thing to do, regardless of the letter of the law... ... I'm sorry, Brian, I couldn't resist a cheap shot. Console yourself that you have helped me make it through a thoroughly aggravating day! Posted by: PatHMV at May 19, 2006 03:14 PMBy the way, Brian, I think the answer to your question is "San Francisco"... Posted by: PatHMV at May 19, 2006 03:48 PMPerfectly fine, Pat. expected even. I knew when I posted it that such a story made it a bad day to argue my side of that debate. Since I think judges should take such power on rare occasions, I have to be willing to accept it. And I do, even while I hope for recourse. So long as such decisions on culpability continue to be made primarily in the venue of civil trials, I prefer a jury to have most of the decision-making power. But let's face it, the defense the cigcorps are losing out on isn't an especially glorious one. It might be ok in court, but I wouldn't want to be the PM exec or lawyer standing before the judge whose fist grips the trap door on the FINAL judgement day. Not when my defense is "well, yeah, I knew that selling cigarettes would lead to many ugly painful deaths, but I didn't force anyone to actual smoke them." Posted by: bk at May 19, 2006 04:01 PMWhat is next, suing McDonalds for french fries? There is no safe way to eat french fries, but there are safe ways to consume potatoes. Alcohol is an obvious choice, think of all those brain and liver cells dying because of the greed of Miller Brewing! |
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