There were no hints Thursday as to how Gov. Bob Wise will react to legislation limiting the money tobacco companies must pay to appeal unfavorable court rulings. Opponents, however, argue the measure is unconstitutional protectionist legislation that gives the industry a cheap opportunity to keep class-action lawsuits bottled up in court. The Legislature passed the bill April 14. Wise has until Wednesday to sign or veto SB661. Appeal bonds must be posted if a party who loses in court chooses to appeal.
Judges typically require that appeal bonds equal damages.
Bill Godshall, executive director of SmokeFree Pennsylvania, sent a letter urging the governor to veto the measure. The people who get screwed by this are the West Virginians who are trying to have their day in court. Opponents are concerned that with limits on the amount of money tobacco companies must fork out to appeal rulings, incentives for settlements become nil. Instead, they argue, the bill offers the industry an inexpensive way to stall payment through incessant appeals. Segal is among attorneys representing 250,000 West Virginia smokers suing five major tobacco companies, contending they should pay for medical screening to detect illnesses in healthy West Virginians.