BAT secures victory in US court
Bolivia
April 01, 1999 at 11:09 AM
2 minute read
Lovell White Durrant's client British American Tobacco (BAT) has secured an important court victory after the failure of Bolivia to sue it in a US court.
Bolivia is attempting to sue BAT brands such as Philip Morris for the costs incurred treating its citizens for illnesses caused by smoking.
But an attempt to get the case heard in a Texan district court failed after the judge ruled his court did not have jurisdiction to try the case.
"This is one of at least six similar actions brought in the US by foreign governments. Why none of these countries seem to have a court system their own governments have confidence in is a mystery," Judge Samuel Kent said.
"The court seriously doubts whether Brazoria County has ever seen a live Bolivian, even on the Discovery Channel. Apparently this rural court is in common discussion even on the mountain peaks of Bolivia."
The judge recommended that the Court of the District of Columbia should take the case because "such a Bench, well-populated with renowned intellects, can better bear the burden than this single judge who moves his lips when he reads".
Other countries including Thailand, Nicaragua, Guatemala, Panama and Venezuela are bringing similar actions against the big tobacco companies in the US.
Lovells product liability partner Mark Huleatt-James said: "Bolivia is fighting with no legal basis for its claim. It is also inappropriate for it to do so in the US instead of in its own court system."
He added: "Bolivia chose Texas because it is more open to non-US plaintiffs."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSkadden to Close in Shanghai and Make Cuts to China Corporate Practice
DWF Group's Canadian Firm Set to Add Fourth Office With 16-Lawyer Montreal Team
UK Law Firms Face £75M Money Laundering Investigations Alongside Russia Scrutiny
3 minute readTrending Stories
- 1A&O Shearman Adopts 3-Level Lockstep Pay Model Amid Shift to All-Equity Partnership
- 2A RICO Surge Is Underway: Here's How the Allstate Push Might Play Out
- 3The Law Firm Disrupted: Playing the Talent Game to Win
- 4Data-Driven Legal Strategies
- 5Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250