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Judge Declares Mistrial in N.Y. Tobacco Lawsuit
January 26, 2001

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News Summary

U.S. District Judge Jack Weinstein declared a mistrial in a prominent New York tobacco trial because deliberations became so intense that one juror threatened to kill another, the Associated Press reported Jan. 25.

"I have an obligation to jurors to protect them," said Weinstein in declaring the mistrial.

The jury was deciding a case between a trust representing asbestos workers with lung cancer and cigarette makers. The trust claimed that tobacco companies conspired to mislead workers about a "lethal synergy" of cigarette smoke and asbestos.

The lawsuit called on jurors to hold the tobacco industry liable for up to $135 million in claims.

Juror Maggie Altidor said a male juror threatened that if deliberations went on for another day, "one of us would be killed."

Before the mistrial was declared, the jury was deadlocked 10-2 decision in favor of the tobacco industry.

Trust attorney Ed Westbrook said he would seek a retrial. "Obviously, we're disappointed, but we'll take another good run at the tobacco companies," he said.

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