Scuffle of the week

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.