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Cigarette makers race attorneys general to court: industry suits aimed at stopping expected litigation

Article Abstract:

Five cigarette companies have filed suit in two states as preemptive strikes against anticipated state lawsuits to recover Medicaid costs. The first was filed in Nov 1995 in Boston, MA, and the second the same month in Austin, TX. Massachusetts Atty General Scott Hashbarger has since filed suit in state court against the tobacco industry, making his the fifth state to do so. Observers call the cigarette makers' tactic an extreme long-shot. The industry suits say the state lawsuits violate their rights to engage in interstate commerce.

Author: Duncan, Laura
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
Cases, Product liability, Interstate commerce, Tobacco industry, Products liability, Medicaid, Tobacco, states

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Courthouse day care programs increasing

Article Abstract:

A report from the Center for the Study of Social Policy examines the growth of child-care facilities in courtrooms nationwide, and offers guidelines for establishing new programs. More than 30 now operate, though they have varying degrees of care depending on court-specific funding. They offer care for the children of parents in litigation, often in the midst of divorce, and they keep the children occupied while preventing courtroom disruptions. The report is titled 'Children in the Halls of Justice.'

Author: Duncan, Laura
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Analysis, Human resource management, Courthouses, Employer-supported day care, Employer supported child care

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Sanctions litigation declining: decrease attributed to 1-year-old safe-harbor amendments to Rule 11

Article Abstract:

The number of Federal Rule of Civil Procedure 11 cases has declined markedly since the relaxation of that rule took effect in Dec, 1993. Sanctions went from being mandatory to being up to judicial discretion. In Feb 1994, 38% fewer sanctions were filed than in Feb 1993. If the Republicans are able to push their Common Sense Legal Reform Act all of this improvement would be for naught, however, since Rule 11 sanctions would be required again.

Author: Duncan, Laura
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Laws, regulations and rules, Prevention, Sanctions (Law), Frivolous suits (Civil procedure)

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Subjects list: United States
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