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Mass Expense Actions and the Remoteness Doctrine: New Pressure on an Old Gatekeeper
Private entities, such as union health and welfare funds, have recently filed mass expense actions against tobacco companies, seeking to hold them liable for the smoking-related costs incurred by the funds. Industries other than the tobacco industry may soon face similarly broad cost recovery suits. Whether such actions will succeed in the future will depend largely on whether courts apply the remoteness doctrine.Cite as: Golden v. Wyeth, Inc., 04-CV-2841, NYLJ 1202616996680, at *1 (EDNY, Decided August 20, 2013) 04-CV-2841 District Judge Joanna Seyber
Reparations Suits Are Too Little, Too Late
The emerging wave of African-American slavery-related lawsuits lack any legal foundation and should be dismissed. This is the view of Steven P. Benenson, who says that while the courts may be the appropriate avenue to vindicate the rights of a disenfranchised minority where there is a clear injury to a defined class and a legal basis for a claim, the slave-reparation plaintiffs have articulated neither of these elements.Trending Stories
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