British American Tobacco (BAT) has found a unique way to scupper anti-smoking litigation, by claiming the judge is a potential litigant. Florida circuit judge Robert Kaye has been presiding over the Engle class action by former smokers against various US cigarette makers, including BAT offshoot Brown & Williamson, for a year. However the judge is also a former smoker with a heart condition – revealed last week by BAT, who are calling on him to step down on the grounds he is a potential claimant.
Richard Taylor on disclosure documents and open justice.
Richard Taylor is a partner at Stringer Saul Practitioners are familiar with the implied undertaking of parties to litigation that disclosed documents may not be used except for the purpose of that litigation. Familiar too is the rule that the implied undertaking ceases to apply where a document is read or referred to in open […]