YET ANOTHER VICTORY AGAINST THE ANTITOBACCO MOBS
STATEMENT FROM BROWN & WILLIAMSON TOBACCO CORPORATION
PR Newswire 05/05 1609
LOUISVILLE, Ky., May 5 /PRNewswire/ -- Brown & Williamson Tobacco
Corporation released the following statement regarding a decision by the
United States District Court for the Northern District of California, which
has essentially gutted a suit brought by union welfare funds in California.
The tobacco industry has won another victory in the union welfare cases
with a decision by a federal court in Oakland.
U.S. District Judge D. Lowell Jensen dismissed all but one claim brought
by the Stationary Engineers Local 39 Health & Welfare Trust Fund and
Carpenters Health & Welfare Trust Fund for California. The claims dismissed
include RICO, antitrust, intentional breach of special duty, unfair business
practices, restitution and unjust enrichment. The one and only count not
dismissed by the court is a claim of negligent breach of special duty.
In essence, the union's case against the tobacco industry has been
completely gutted, and the industry's record in defending itself against
unfair and unwarranted RICO and anti-trust claims is extremely good. The
decision by the federal court in Oakland reinforces our belief that the trend
in the courts is against these claims. Decisions in union cases elsewhere in
the United States have resulted in four of four antitrust claims dismissed,
and three of four RICO claims thrown out of court, with the fourth certified
for appeal.
Headquartered in Louisville, Ky., Brown & Williamson is the nation's third
largest manufacturer and marketer of tobacco products. The company's major
brands include KOOL, GPC, CAPRI, LUCKY STRIKE, and MISTY.
SOURCE Brown & Williamson Tobacco Corporation
-0- 05/05/98
/CONTACT: Mark Smith, 502-568-7603 or Brendan Brady, 502-568-7875, both of
Brown & Williamson Tobacco Corporation/
CO: Brown & Williamson Tobacco Corporation ST: Kentucky, California IN: TOB SU:
Copyright 1998 PR Newswire. All rights reserved.
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