(Formerly NCDA / NFGE)



Tobacco Lawsuit Update

By Jack M. Lipsman

"It is gradually working its way through the Court System"

  Although you haven't heard much about it lately, the NCDA's lawsuit against the tobacco companies on behalf of Nevada's dealers is still alive and well and living in Las Vegas. It is gradually working its way through the court system.

  The issue is before Judge Phillip Pro of the Federal District Court here in Las Vegas and we are expecting a ruling soon on our motion for class action certification. In fact, our lawyers have filled an additional motion on Wednesday May 19th requesting oral arguments and a firm date for the certification hearing. Our lawyers stated in the motion that "Due to the complexity of the issues, oral arguments would allow all parties to address the issues and would allow parties to address questions from the Court."

  The motion is simply an attempt to build a fire under the Court and achieve some forward momentum. Remember, all non-smoking dealers in Nevada will automatically be members of the class unless they decide to opt out. Only those with serious injury or illness caused by 2nd hand smoke will want out.

They, of course, would do so, in hopes of making a much larger settlement than that which would be offered to class members. All these rosy predictions, of course depend on our success in the courtroom. Only time will give us the answer to that question. Keep tuned in, we will give you more information as soon as we get it.


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