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Calif. Court Makes Suing Tobacco Companies Easier
February 16, 2007

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News Summary

California residents have two years from the date that they are diagnosed with a smoking-related illness to sue tobacco companies for damages, not two years from when they became addicted, the California Supreme Court has ruled.

The Associated Press reported Feb. 15 that the court made the ruling in response to a request from the 9th U.S. Circuit Court of Appeals to clarify the state law; in 2002, the federal court had ruled that Californians needed to file suit within two years of becoming addicted to cigarettes, and dismissed eight federal cases filed in California against tobacco firms.

Plaintiffs attorney Daniel Smith said the previous interpretation of the law "didn't make sense because it required people to sue for all possible future injuries within two years of becoming addicted, even though they might not know for decades whether they would have lung cancer or another serious injury."

The state courts had allowed plaintiffs to sue tobacco companies years after becoming addicted, but problems often arose because cases against out-of-state tobacco companies were typically moved to federal court. 

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