DerryNews.com, Derry, New Hampshire

Crime / Court

October 27, 2011

Clock runs out in 60 days with bank errors

(Continued)

Having said that, I must add that one of my law school professors many years ago was involved in tobacco litigation, seeking to hold cigarette manufacturers liable for cancer and other deaths caused by tobacco.

Many prominent voices said he and others involved in such cases would never win, because "smokers knew the risks and it's their own fault." However, legal history has proven otherwise.

In cases where evidence documented that tobacco manufacturers artificially and knowingly boosted cigarette ingredients that caused addiction, and were not truthful in sworn testimony about this or their knowledge of cancer risks, the tide turned.

A final obstacle: You did not mention the allegedly offending casino. If it is one like those in Connecticut, operated by Native American concerns, they are sovereign entities. Generally speaking, any case must be brought in their own tribal courts.

The day for casino litigation has not arrived. I do not know that it ever will.

• • •

Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.

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