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JURIST – Paper Chase: Scalia stays Louisiana class action ruling …

Tue, 28 Sep 2010 00:17:30 +0000

JURIST – Paper Chase: Scalia stays Louisiana class action ruling against tobacco companies

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Sunday, September 26, 2010

Scalia stays Louisiana class action ruling against tobacco companies
Dwyer Arce at 11:38 AM ET

[JURIST] US Supreme Court <a href=”http://www.oyez.org/justices/antonin_scalia”>Justice Antonin Scalia [Oyez profile] on Friday <a href=”http://www.supremecourt.gov/opinions/09pdf/10A273.pdf”>stayed [order, PDF] a Louisiana appeals court ruling awarding $241.5 million to the plaintiffs in a class action suit against several tobacco companies. the ruling, issued by Scalia in his role as <a href=”http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00002101—-000-.html”>Circuit Justice [28 USC § 2101(f)] for the US Court of Appeals for the fifth Circuit, prevents the tobacco companies from having to carry out the decision, which ordered them to pay $241.5 million to a fund meant to help Louisianans quit smoking. the companies, which include Brown & Williamson Tobacco Corporation, Lorillard Tobacco Company, Philip Morris USA, Inc. and Tobacco Institute, Inc., were also ordered to pay $29 million in interest and $11 million for the administrative costs related to the fund. the ruling came after the Louisiana court found that the tobacco companies had “distort[ed] the entire body of public knowledge about the addictive effects of nicotine.” Scalia held that the case met the stay criteria, finding that it was likely the Supreme Court would grant certiorari, that there was a “significant possibility” of reversal and that there was the likelihood of irreparable harm without the stay. He also held that the case raises due process concerns because, under the Louisiana ruling, the individual plaintiffs are not required to establish that they were harmed by the companies’ actions, violating the companies’ due process right to present every available defense:

the extent to which class treatment may constitutionally reduce the normal requirements of due process is an important question. National concern over abuse of the class-action device induced Congress to permit removal of most major class actions to federal court, where they will be subject to the significant limitations of the Federal Rules. Federal removal jurisdiction has not been accorded, however, over many class actions in which more than two-thirds of the plaintiff class are citizens of the forum State. Because the class here was drawn to include only residents of Louisiana, this suit typifies the sort of major class action that often will not be removable, and in which the constraints of the due Process Clause will be the only federal protection.

the companies are expected to file their appeal to the Supreme Court in the coming year.

the companies requested the stay after the Supreme Court of Louisiana refused to hear their appeal from the <a href=”http://scholar.google.com/scholar_case?case=10851376620769925503#[1]“>ruling [text] of the Louisiana Court of Appeals for the Fourth Circuit. Phillip Morris has faced other class action litigation related to its sales practices. In 2008, the US Court of Appeals for the second Circuit <a href=”/paperchase/2008/04/federal-appeals-court-decertifies-class.php”>overturned class action certification [JURIST report] for a lawsuit brought by “light” cigarette smokers against Philip Morris and other light cigarette makers. the class action, which included anyone who has ever bought light cigarettes since they hit the market in the 1970s, had alleged that tobacco companies used deceptive advertising tactics to mislead smokers in response to growing health concerns over the risks of smoking cigarettes. In September 2006, a judge for the US District Court for the Southern District of new York <a href=”/paperchase/2006/09/federal-judge-certifies-class-of-light.php”>certified the class of 50 million plaintiffs [JURIST report] for the class-action suit. Lawyers estimated that sales of light cigarettes brought tobacco companies between $120 billion and $200 billion in extra sales since 1971.

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JURIST – Paper Chase: Scalia stays Louisiana class action ruling …

Some Effective Tools for Your Quit Smoking Campaign! | Health For You

Tue, 24 Aug 2010 16:17:29 +0000

some Effective Tools for Your Quit Smoking Campaign! | Health For You

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some Effective Tools for Your Quit Smoking Campaign!

August 18th, 2010 | <a href=”http://usaeu.net/author/usaeu/” title=”Posts by usaeu”>usaeu | <a href=”http://usaeu.net/2010/08/some-effective-tools-for-your-quit-smoking-campaign/#respond” title=”Leave a comment” >0 Comments »

Smoking tobacco products is widely recognised as one of the most life-threatening and habit-forming habits an individual can practice. The entertainment industry for as indeterminable time related smoking with being fashionable and “trendy” and this has ultimately “legitimatised” smoking amongst millions of people. There’s no question that individuals do realise and recognise the risks associated with smoking tobacco but regrettably, nicotine, the principal constituent encountered in cigarettes as well as all other tobacco based products, is extremely habit-forming. as with all dependencies, beginning is easy but stopping isn’t. The vast majority of individuals who attempt to stop smoking discover that that are engaged in a fight where they are likely to try a minimum of two substantial efforts prior to their habit beginning to buckle under. but don’t despair just yet, as always in these situations, “where there’s a will there’s a way!” Below we’ll talk over a few of the most effective ways to stop smoking.

1. Acquire knowledge. The opening step in the struggle to cease smoking is to educate yourself. You need to formulate a clear discernment of the implicit perils of breathing in nicotine laden tobacco smoke. These risks include but are not limited to being diagnosed with lung cancer which is at present in the top five causes of death of adult men and women under the age of sixty in the United States of America. Understanding of how physical and mental dependencies arise and what activates them is likewise exceedingly indispensable.

2. Acquiring a support system. a great number of individuals who attempt to make headway in the fight to quit smoking fetch up backsliding into their former habits due to a lack of a substantial system of support. a support system necessitates additional individuals similar to yourself who have already overpowered the aforementioned dependency, in this instance nicotine addiction. These individuals have invaluable cognition and skills and could likewise take you step by step through your pursuit to become free from your tobacco addiction. Putting together a firm support group likewise plays an answerability function in the war versus nicotine dependency.

3. Evolve fresh habits. Exports in the field of addiction have always acknowledged that there’s a substantial probability of an addict falling backwards into his old ways of life if there’s no noteworthy alteration to his life-style. one of the better defenses against a relapse is to acquire new hobbies and pass times. Reading books, engaging in sporting activities, going to the cinema and even making new (non smoking) friends can all assist in defending against sliding back into tobacco dependency.

4. get to know what your triggers are. as with any type of addiction, people who smoke discover themselves having a stronger desire to smoke either at particular times of the day or during certain happenings in their lifetimes. a lot of individuals smoke more when they are nervous or pumped-up, other people smoke more when they are troubled or unhappy, and yet others report that they tend to always smoke after a meal and so on. Learning what triggers your particualr habit is cardinal to building up counter-habits that defend you against your desire to smoke. This, together with acquiring new hobbies, pastimes and habits, will build into an exceedingly efficacious weapon against your tobacco smoking habit.

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Some Effective Tools for Your Quit Smoking Campaign! | Health For You

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Sat, 21 Aug 2010 15:00:23 +0000

stop Smoking Pictures | E-Cigarettes Announcements

<a href=”http://stopsmokingpictures.iloveblog.com/2010/06/06/e-cigarettes-announcements-6/” rel=”bookmark” title=”Permanent Link: E-Cigarettes Announcements”> E-Cigarettes Announcements

thanks to <a href=”http://www.nonicotinecigs.us”>smokeless cigarettes for bringing the following blog post

I had been a smoker for over 35 years. I tried to quit on more than one occasion; believe me.

When all the quit smoking methods came out in the mid 90's I tried them all. the first one was the patch.

“oh, this is going to really work,” I thought after jumping out of my skin at every odd sound I heard around me. I concluded that the secret of the patch was to scare you straight. After the first week of patches, the craving had only subsided slightly. So slightly that I begin to figure that I probably could have just one cigarette with my morning coffee. After all, I will not have put my patch on until after my morning coffee. So I did. And then I did it again, and again, and yes again.

on the second week I noticed that I was not breaking out in any unknown rashes, and I wasn't jumping out of my skin at every sound I heard around me anymore. So I figured that I would try a cigarette after lunch and dinner as well. So I tried it the first day and I was still alive. So I tried it again, and again, and yes, again. By the third week, I was back to smoking about a half a pack a day, so I decided that the patches were not working. Imagine paying all that money for those patches and they didn't work.

So I didn't start another round of trying to quit again until the Nicorette gum came out.
I thought to myself that this just might work because I like gum. So I bought the Nicorette gum and gave it a try. the first piece did not taste like any gum that I had before, in fact, it was horrible. but I convinced myself that the goal was more important than the taste. So I chewed and chewed and chewed. every time that I would get a craving for a cigarette, I chewed a piece of Nicorette gum. Well after the second day, I figured out that I was chewing about twenty pieces of gum a day. I think that the package only contained around 90 pieces, so I began to count. Twenty didn't go into ninety very evenly. So at most, I would be smoke free for two more days. Imagine, spending all that money for some Nicorette stop smoking gum and it didn't work.

After giving up on the patches and the Nicorette gum my doctor told me about a prescription pill that she thought might work for me. She explained that I could continue smoking while taking this pill. the object of the pill is that it is suppose to suppress your cravings and lead you to eventually stop smoking. So I agreed and let her prescribe the pill for me. So I was taking the pill and still smoking. After a month, I was still taking the pill and still smoking. After two months, I was still taking the pill and still smoking. By the third month, I figured out that this pill was not working. Imagine taking all that medicine for a stop smoking pill that didn't work.

By now, I had almost given up. then I came up with a brilliant idea. I figured that since I had been smoking cigarettes for so long maybe my system just needed an extra boost. So I thought that perhaps if I wore the patch and chewed the Nicorette gum at the same time I should be successful in stopping smoking. So I went out and bought the patches and the gum. It seem like this was a superb idea. I had not had a cigarette in a week. the second week however was a different story. I was sitting at my desk on my job one night, and all of a sudden I begin slobbering from my mouth and I could not control it. I felt really funny and I felt sick. since it was near the end of my shift, I decided that I would just stop by the emergency room when I got off work. I did, and the diagnosis was that I was suffering a nicotine overdose. Imagine going through all that suffering for nothing.

So I gave up trying to stop smoking for several more years until October of 2006. I saw a commercial on TV that said that the addition to cigarettes was not in the tobacco but the nicotine that is in the cigarette. Well that makes sense. Remember the drooling of my mouth and the nicotine overdose? Yes, that is correct. the nicotine patches and the gum both have nicotine in them. DUH! a light bulb went off in my head. So I realized that if I could find a way to get rid of the nicotine, then I could stop smoking. And I did.

I was at a garage and met a lady that was smoking the most sweetest smelling scent. I asked her about it. She showed it to me and let me try one. It wasn't bad. I was a little Peach Cigar. So I went and purchased some. I began to smoke them. I found that I was not smoking no where near the amount that I was smoking in cigarettes. during the third week I began to have nicotine withdrawals. I was sleepless, nauseated, and tired. the nicotine was draining out of my body completely. They say that it takes 21 days for nicotine to leave your system. I found out that this is true. By the forth week, I had no withdrawal symptoms, no cravings and was sleeping like a newborn baby. I did not even have the craving to smoke the cigar after meals or with my morning coffee. I could drive for miles and miles without any cravings. It was wonderful this new found life. I finally had an almost smoke free life. So, I began decreasing my number of cigars that I would smoke in a day. I then set 9:00 p.m. for my cut off time for even having a cigar. the numbers dwindled down to zero. And now I am smoke-free.

And that is how I stopped smoking while smoking.

Be sure to visit<a href=”http://www.nonicotinecigs.us”>smokeless cigarettes at the main site!

June 6th, 2010 in <a href=”http://stopsmokingpictures.iloveblog.com/category/uncategorized/” title=”View all posts in Uncategorized” rel=”category tag”>Uncategorized Tagged <a href=”http://stopsmokingpictures.iloveblog.com/tag/electronic-cigarettes/” rel=”tag”>electronic cigarettes, <a href=”http://stopsmokingpictures.iloveblog.com/tag/non-nicotine-cigarettes/” rel=”tag”>non nicotine cigarettes, <a href=”http://stopsmokingpictures.iloveblog.com/tag/quit-smoking/” rel=”tag”>quit smoking, <a href=”http://stopsmokingpictures.iloveblog.com/tag/stop-smoking/” rel=”tag”>stop smoking |

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