Assault on a Behemoth Anything but Frivolous

By ACSH Staff — Jul 27, 1999
If, as a libertarian, Walter Olson ("The Florida Tobacco Jurors: Anything But Typical," Rule of Law, July 12) is truly against government intervention in tobacco regulation, he should favor the arena of litigation. There must be some distinction between liberty and anarchy. While there are justifiable objections to excessive legal fees in frivolous lawsuits, why Mr. Olson would choose to attack a verdict against the tobacco behemoth is a mystery. His quibbling with the plaintiff attorney's jury selection tactic--that Mr.

If, as a libertarian, Walter Olson ("The Florida Tobacco Jurors: Anything But Typical," Rule of Law, July 12) is truly against government intervention in tobacco regulation, he should favor the arena of litigation. There must be some distinction between liberty and anarchy. While there are justifiable objections to excessive legal fees in frivolous lawsuits, why Mr. Olson would choose to attack a verdict against the tobacco behemoth is a mystery. His quibbling with the plaintiff attorney's jury selection tactic--that Mr. Rosenblatt had the temerity to actually screen the prospective jurors to weed out those he perceived to be biased against his clients--smacks of frustration with the outcome more than of any rational thought. He is surely aware that this screening is the essence of tort-lawyering. No doubt the tobacco attorneys tried their darndest to exclude those who leaned against Big Tobacco.

For those of us devoted to public health, the Engle verdict represents a clear victory, one big step toward the goal of holding the tobacco industry accountable for their years of conspiratorial deceit. I won't hold my breath waiting for tobacco executives to develop a conscience, but I can hope that maybe one of these days they will recognize the economic necessity of coming clean with the American people on the real dangers of smoking.

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