NEW YORK, NEW YORK --
JMF REPRESENTS IMPERIAL TOBACCO LIMITED IN
MAJOR VICTORY IN FIRST UK CIGARETTE TRIAL
JMF represented Imperial Tobacco Limited, in Imperial’s major victory in the first cigarette smoking and health case to be tried in the U.K. In McTear v. Imperial Tobacco Limited, the Court of Session of Scotland rejected all claims by pursuer (plaintiff) Margaret McTear, widow of Alfred McTear. Mrs. McTear had alleged that she was entitled to damages for her husband’s death from lung cancer, claiming that Imperial was negligent in the manufacture of cigarettes and their sale to Mr. McTear. After over a decade of litigation and four months of trial, the court found that the claim “fail[ed] on every issue.” In conjunction with Imperial’s legal teams in Edinburgh and London, JMF developed Imperial’s legal strategy and led Imperial’s efforts to identify and ultimately present to the court a group of scientific and medical experts.
Attached below are links to the court’s judgment in the case.
http://www.scotcourts.gov.uk/opinions/2005CSOH69.html (Full Opinion)
http://www.scotcourts.gov.uk/library/cases/nimmosmithstatement.pdf (Statement of Lord Nimmo Smith)
Prior Results Do Not Guarantee a Similar Outcome