The Insiders, a 1999 Movie Claimed Big Tobacco Never Loses in Court despite Killing Millions of Smokers. It’s Now 2021 and the Tobacco Companies are Still Undefeated.
The claim is the tobacco companies just keep litigating with big law firms like Kirkland and Ellis and have deep financial pockets to wear out the other side, both emotionally and financially.
The judiciary invokes this tactic frequently, the latest example would be the financial crisis, where they illegally evicted millions of homeowners to save the bankers from financial ruin and jail. For the few homeowners who manage to put up a winning argument, they just keep rejecting the litigants case(s) by writing opinions based on lies, perjury and omitting key evidence and statements. It’s a perversion of justice.
However, the courts and the judges therein are fully aware they are protected by lifetime appointments, secrecy and judicial immunity. They are even allowed to decide complaints about their own judges – pitching against all sensible audit and compliance laws.
Another prime example would the the dismissal of a judicial complaint by Dr. Richard Cordero, which landed on former Chief Judge Ed Carnes desk. In his opinion, Carnes states on page 9:
The fact that most complaints are properly dismissed is well-known and is publicly posted on courts’ websites. The fact that most complaints challenge judicial decisions and are unsupported by evidence of misconduct or disability is also well-known and is publicly posted on courts’ websites.
And he continues:
A bare allegation about the number or· percentage of complaints that have been dismissed and petitions for review that have been denied, coupled with nothing more than speculation or conclusory accusations about the correctness of the decision or the complaint review process in general, in no way evidences judicial misconduct or disability. See JCDR 25 cmt (observing that “multiple-judge complaints are virtually always meritless”).
In summary, he pathetically argues that because the judicial complaints section of the website has a disclaimer, that clears the way for 100% dismissal of nearly 500 judicial complaints in the District of Columbia over an extended 11 year period.
Carnes is right on that. It’s like relying on the warning on a cigarette packet. It provides the big tobacco companies immunity from any and all prosecution in United States Federal Courts.
It’s time #WeThePeople smoke the judiciary and big tobacco in 2021.
Texas v. American Tobacco Co., et al. (2006)
The state of Texas brought action against tobacco companies for breaching their obligations under a settlement agreement. The state argued that one of the tobacco companies had failed to report as their own cigarettes that it manufactured for another company, a figure used to calculate the tobacco company’s annual payments to Texas.
As a consequence of the alleged underreporting, Texas claimed that it had been deprived of millions of dollars in settlement payments between the years 1999 and 2002.
The Court concluded that the tobacco company did not breach its obligations to the state under the settlement agreement.
Texas, v. American Tobacco Co., 463 F.3d 399 (5th Cir. 2006)
11th Circ. Nixes Widow’s Win In Engle Tobacco Suit (2020)
Despite the Florida Supreme Court’s controlling case law and earlier affirmation of the lower court’s award(s) to the class of smokers suing the tobacco company, they kept appealing and in 2020, Judge Kevin “Puffery” Newsom, for the panel, reversed the damages award in favor of the tobacco company.