OAKLAND - Attorney General Edmund G. Brown Jr. today announced a settlement with Sottera

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Vocalek

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Here is a question for the attorneys in the crowd. Isn't it a bit unusual for a state attorney general to file a law suit against a company? If a company is doing something wrong under the law, criminal charges should be filed.

The only reason I can think of for handling it this way is that no laws were broken.

Brown didn't like the Soterra's products and this was the only way he could think of to put some hurt onto them.
 

yvilla

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Here is a question for the attorneys in the crowd. Isn't it a bit unusual for a state attorney general to file a law suit against a company? If a company is doing something wrong under the law, criminal charges should be filed.

The only reason I can think of for handling it this way is that no laws were broken.

Brown didn't like the Soterra's products and this was the only way he could think of to put some hurt onto them.

No excuses for Brown from me, but just to address your question - there is a difference between laws in the penal arena, the breaking of which involve criminal charges, and laws on the civil side of things, like consumer protection statutes and such. The breaking of those usually involve fines, injunctions, etc, and are within the province of state attorney generals.
 

JustJulie

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I think there's more here than meets the eye. And if njoy is willing to fork over $85,000 so easily to the Brown for Governor campaign, then I sure hope they also give generously to the IVAQS project.

Well, in all fairness, njoy is completely shouldering the legal expenses associated with the njoy v. FDA case now that SE has dropped out of the suit. I'd rather them save their pennies for the lawsuit and hope that other vendors and consumers step up to the plate to help with the IVAQS project. ;)
 

Vocalek

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Quite a few (perhaps most) law suits are settled out of court with the defendant paying a negotiated sum, even if that party is perfectly innocent of the accusations. Standing on principle and defending your good name can become outrageously expensive in terms of court costs and attorney fees.

Agreeing to pay money to make the case go away is probably most common in cases where, should the defendant actually win, there isn't a prayer of being able to collect from the plaintiff to cover expenses. The State AG is probably pretty bullet-proof as lawsuits go.

Probably most of those folks who hire the ambulance chasers don't have a pot to cook in. So it's cheaper for the insurance company to settle.
 

Bill Godshall

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I agree with Julie. Although I'm dissappointed that NJOY agreed to several stipulations in that settlement with AG Brown (whose press release was pure politics), the reality is that had NJOY successfully challenged some of Brown's charges in court, their legal fees would have greatly exceeded $85,000.
 

JustJulie

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When reading that, I got one of those "Hold still while I push this bamboo shard under your nails!" feelings. When on earth do we go into the de-sensitized phase??? It's getting harder, not easier. And of all people to be placated with a successful prosecution. YUK.

I know what you mean, Kate. There's something pretty terrible about how we so blithely accept what Elaine so aptly termed as "legalized extortion." But there's also a reality to the situation . . . spending 2 or 3 times the amount of the settlement amount (maybe more) in legal fees is a bitter pill to swallow, too . . . especially when there's little chance of recovering those fees.

Yet another indication of what's wrong with our system. But I'm not going to damn NJOY for making what to me seems to be a sad but sound decision to settle. The California matter is just small potatoes next to the NJOY v. FDA lawsuit, and if we lose that case, all these other issues will become largely moot. NJOY is, imo, keeping its eye on the prize. I wish that made me happier, though. :(
 

PlanetScribbles

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Loved your comment. You hit the points that mine missed.

Is there any scientific proof that the moon is not partly composed of green cheese? What about definitive proof that a can of kool-aid does not turn into diamond if left in the ground for a million years?
What, there are no definitive studies on these subjects? I guess it is probably because THE ANSWERS ARE BLOODY OBVIOUS!
These guys are twisting the rules any way they see fit to make black look white.
 

CtryBoy

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Think the world has gotten lazy. Lazy reporters dont care to do research as long as they have a catchy title. Web 'Sources' are hopelessly out of date, usually erroneous, and always at the top of the google search ??? Popularity and reality never were the best of friends I suppose, but you'd think they would at least fall to the bottom after they were 5-10yrs out of date. Vendors (hopefully no one here;)) seem loathe to give even the most basic specs on equipment, makes you wonder if they even know what they are selling.

Settlements of course arent necessarily good or bad, but they are a way out for people who have neither the resources, will, stamina, or years of their life to devote to fighting with legalize and misrepresentations and half truths. Would love to see the FDA supporters/researchers/regulators have to be hooked up to a polygraph when they take the stand and swear to tell the truth the whole truth and nothing but the truth.

Opps. Wait if you are too lazy to learn the truth and just believe the lies you want to believe, would you actually pass the poly???
 

Vocalek

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CtryBoy: I like what you have started with Judge Napolitano's Freedom Watch. I've seen his commentaries on the morning Fox News show and he seems to be very logical and level-headed. I followed the link in your signature, I signed up, I voted, I commented.

If more of us follow your lead, we could finally get some national recognition for our plight.
 

rothenbj

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Kate51

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I mentioned a couple weeks ago about a bar/restaurant in our locale, and in view of the new no-smoke I opted to honor my sister and not vape, because she couldn't smoke.
Yesterday a couple of my cousins and I had lunch, and we talked again about e-cigs (My daughter and the owner's son are married, so we are 'in-laws' together! They know about my e-cig.)
Anyway, they stated they would be able to buy disposable e-cigs, and YES, I could use mine anytime I want!! My two cousins (non-smokers) were amazed, they had never heard of them.
The business did a BikerClub banquet a couple weeks ago and two of them were using e-cigs with pleasure! So they are looking into some inexpensive disposables, with my help.....we already have a couple local distributors ready to help as well.

So, just to make everyone feel a bit better, e-cigs are ok in Wisconsin. There is hope.
But in the country as a whole, I realize, there is need to succeed in getting the word out.
 
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ezmoose

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On the state of politics in Cali, of which subject I must not mention here. That being said, too funny-

look here

Replace the dots with that word that we must not speak here when the link blows up. This is so ridiculous.

Good Read!

I’m sure California has their share of fine citizens; however, when it comes to politicians and bureaucrats, they need to purge and start over!

Arnold Schwarzenegger (perhaps a few others) aside!
Arnold Schwarzenegger Vetoes E Cigarette Ban Bill In California


I think I'll stay in Alaska; our crooks, oops, politicians have thus far left E Cigarettes alone! lol

BTW Mary Jane isn't banned! lol
 
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PlanetScribbles

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On the state of politics in Cali, of which subject I must not mention here. That being said, too funny-

look here

Replace the dots with that word that we must not speak here when the link blows up. This is so ridiculous.

The picture on that page made me spit my coffee all over my monitor. Thanks a lot!
How do you spell the word 'over-reaction'? How do you spell the word 'claptrap'? Anyone would think that the room contained spent uranium rods. ffs :facepalm:
Try walking downtown and taking in all that lovely smog and traffic pollution. Then make the comparison to a little second hand smoke.
I cry at the idiocy that the antis get away with.
 
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