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  3. A federal judge on Monday certified a $ 200 billion class action lawsuit aga

A federal judge on Monday certified a $ 200 billion class action lawsuit aga

游客2023-12-27  54
问题     A federal judge on Monday certified a $ 200 billion class action lawsuit against the tobacco industry for its marketing of light cigarettes.
    Eastern District of New York Judge Jack B. Weinstein’s 540-page opinion in Schwab v. Philip Morris USA, Inc. , 04-CIV-1945—which included an additional 965 pages of appendices for a total of 1,505 pages-gave tens of millions of smokers an avenue to recover damages from the nation’s largest tobacco companies, including Philip Morris USA Inc. , R. J. Reynolds Tobacco Co. , Lorillard Tobacco Co. , and Liggett Group, Inc.
    The class will include anyone who purchased light cigarettes from the time tobacco companies began selling them in the 1970s.  The judge said he even would consider broadening the class, to encompass smokers of all "low tar" brands, not just light cigarettes. The judge suggested that an expansion of the class could assist the parties in negotiating a global settlement. He set a trial date for January 22, 2007. The plaintiffs intend to seek treble damages.
    Weinstein has expressed skepticism about the plaintiffs’ theory of damages, which alleges that light smokers were defrauded of billions because they believed they were buying a product of greater value because of its health advantages. The judge also questioned the size of the class, as well as the claim that as many as 90 percent of light cigarette smokers chose the cigarettes because they were less harmful.
    In his ruling Monday, the judge stressed that while the suit was far from perfect, the evidence was sufficient. He said the jury system—which he described as the "ultimate focus group of the law"—was well equipped to sort out the particulars in accordance with Amendment VII of the U. S. Constitution.
    Weinstein declined to grant an interlocutory appeal to the 2nd U. S. Circuit Court of Appeals. Theodore M. Grossman of Jones Day in Cleveland, which represents R J. Reynolds, said the defendants would seek a stay and appeal the class certification under Rule 23 (f) of the Federal Rules of Civil Procedure.  [br] The phrase "a global settlement" underlined in Paragraph 3 refers to ______.
选项 A、smokers are found everywhere on the globe
B、smokers are to settle down around the world
C、people around the earth smoke light cigarettes
D、a final court decision that applies internationally
答案 D
解析 词义题型因为Weinstein宣布的诉讼是共同诉讼(class action)，在第三段开始作者提到起诉将包括所有自二十世纪七十年代淡烟开始投入市场后的购买者。之后提到Weinstein还说他甚至会考虑扩大这个起诉圈，包括所有吸冠有“焦油含量低”之名而不仅仅是淡烟的香烟品牌的人。因此本句：The judge suggested that an expansion of the class could assist the parties in negotiating a global settlement指：Weinstein还说这个扩充将有助于协助各方磋商出一个适用于全球的定论；因此选项D为答案。另外本题也可通过排除法推出： Weinstein在此讲的是他的建议带来的好处，而不是谈论“到处可见烟民”(选项A)；也不会谈论“烟民要在全球定居”(选项B)；本句提到诉讼还要包括所有冠有“焦油含量低”之名的香烟品牌而不仅仅是淡烟，因此选项C不对；由此得出只有D才是答案。
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