ARARAT - Ararat Retirement Village resident Ivan Reid notched up a significant milestone last week, celebrating his 96th birthday with family and friends.
The quick-witted nonagenarian puts his longevity down to a healthy lifestyle, which includes avoiding the temptations of alcohol and cigarettes.
''I made a pact with God when I was 12 to avoid all intoxicating drinks and to try to convince others around me to do the same,'' Ivan said.
His one foray into smoking saw Ivan roll some lucerne, used by his mother to feed her chickens, in brown paper before proceeding to smoke it.
''I ended up burning my tongue and I've never smoked since,'' he said.
Enjoying the birthday cake alongside Ivan was the love of his life, wife Madge, 93.
The couple will celebrate 70 years of marriage on February 24 next year.
Ivan and Madge met at the Church of Christ in Geelong, where they courted for a number of years before marrying in 1940.
The couple moved to Ararat in 1954, buying a small business on the corner of George Road and Barkly Street that served as a tuck shop to the nearby high school.
Upon selling the shop, Madge moved to a Barkly Street florist while her husband worked at Cunningham and Murphy for a number of years before relocating to the Stawell Brick Company.
The Reids enjoy spending time with their close-knit family, which includes ten grandchildren and a number of great grandchildren.
The couple's three sons, Ken, Don and Trevor, all live nearby.
When asked the secret to a long and happy marriage, Ivan listed communication as an important factor.
''You've got to be honest with one another for a start,'' he said.
In a day and age where people often get married too quickly and divorced even quicker, Ivan and Madge's lifetime commitment to each other seems even more special.
''It's not hard to stay married - we love each other,'' Ivan said.
Remembering back to when they first met, Ivan added, 'plus, she was a smart looking chick, I can tell you'.
вторник, 29 сентября 2009 г.
пятница, 25 сентября 2009 г.
Tax deadline looms for reservation smoke shops
Cigarettes sold tax-free on Indian reservations now account for nearly a third of all packs sold in New York state, but the future of the multibillion-dollar business is in doubt.Smoke shops on Long Island's Poospatuck reservation face a Friday deadline to comply with a court order barring them from selling tax-free cigarettes to the public.
New York tribes have long refused to collect tobacco taxes, and since the mid-1990s a string of state governors have agreed not to enforce the law out of respect for Indian sovereignty.
That discount has made them among the state's largest suppliers of cigarettes.
The Cayuga Indian Nation of New York sells untaxed cigarettes from its stores in Union Springs and Seneca Falls.
A mid-level state appeals court has ruled that practice is legal, but Cayuga and Seneca counties are appealing that decision.
After New York City sued over hundreds of millions of dollars in lost revenue, a federal judge ruled in August that cigarette dealers on the Poospatuck reservation were acting illegally by selling huge quantities of untaxed product.
She gave the shops 30 days either to start collecting taxes or to limit sales to tribe members.
The merchants sought an emergency stay this week, which was denied Thursday by the 2nd U.S. Circuit Court of Appeals.
It wasn't immediately clear what the shops would do next.
An attorney for one group of owners, James Simermeyer, said they were still weighing their options and hoping the appeals court would reverse itself and issue a last-minute stay.
Harry Wallace, the chief of the Unkechaug tribe, which controls the reservation, did not return phone and e-mail messages, but has said he believes the state has no power to enforce its tax policies on tribal land.
An attorney for the city, Eric Proshansky, said in a court filing that the shops didn't deserve a reprieve.
“The defendants' greedy desire to continue raking in the millions of dollars that they divert from the public treasury by their tax-evading sales deserves no weight in any event, but certainly not balanced against the injury to the public health already proven in this case,” he wrote.
The judge's order only applies to eight Poospatuck shops sued by the city, but its findings could be influential in legal disputes involving tribes throughout the state. Separately, a federal jury convicted one of the Poospatuck smoke shop owners last year of racketeering for dealing in untaxed cigarettes. His sentencing is set for December.
Several of the shops sued by New York City have appealed, but it could be months or longer before a 2nd Circuit panel hears their case.
Cigarette sales on the reservations have topped more than 300 million packs a year, according to state tax officials.
New York tribes have long refused to collect tobacco taxes, and since the mid-1990s a string of state governors have agreed not to enforce the law out of respect for Indian sovereignty.
That discount has made them among the state's largest suppliers of cigarettes.
The Cayuga Indian Nation of New York sells untaxed cigarettes from its stores in Union Springs and Seneca Falls.
A mid-level state appeals court has ruled that practice is legal, but Cayuga and Seneca counties are appealing that decision.
After New York City sued over hundreds of millions of dollars in lost revenue, a federal judge ruled in August that cigarette dealers on the Poospatuck reservation were acting illegally by selling huge quantities of untaxed product.
She gave the shops 30 days either to start collecting taxes or to limit sales to tribe members.
The merchants sought an emergency stay this week, which was denied Thursday by the 2nd U.S. Circuit Court of Appeals.
It wasn't immediately clear what the shops would do next.
An attorney for one group of owners, James Simermeyer, said they were still weighing their options and hoping the appeals court would reverse itself and issue a last-minute stay.
Harry Wallace, the chief of the Unkechaug tribe, which controls the reservation, did not return phone and e-mail messages, but has said he believes the state has no power to enforce its tax policies on tribal land.
An attorney for the city, Eric Proshansky, said in a court filing that the shops didn't deserve a reprieve.
“The defendants' greedy desire to continue raking in the millions of dollars that they divert from the public treasury by their tax-evading sales deserves no weight in any event, but certainly not balanced against the injury to the public health already proven in this case,” he wrote.
The judge's order only applies to eight Poospatuck shops sued by the city, but its findings could be influential in legal disputes involving tribes throughout the state. Separately, a federal jury convicted one of the Poospatuck smoke shop owners last year of racketeering for dealing in untaxed cigarettes. His sentencing is set for December.
Several of the shops sued by New York City have appealed, but it could be months or longer before a 2nd Circuit panel hears their case.
Cigarette sales on the reservations have topped more than 300 million packs a year, according to state tax officials.
среда, 23 сентября 2009 г.
Oneidas buy cigarette factory
The Oneida Indian Nation has bought a cigarette manufacturing plant in western New York and plans to make its own cigarettes.
The tribe has agreed to purchase Sovereign Tobacco in Angola for $6.6 million, according to sales documents filed with the federal government. The transaction is expected to be completed by October 2010, Bob Hilburger, a business development director for the nation, said Thursday.
The nation already runs the Turning Stone Resort & Casino, a dozen SavOn gas station-convenience stores, a gaming software company and five golf courses. It sells about $34 million of untaxed cigarettes a year at its stores.
Sovereign Tobacco produces Niagara and Bishop discount cigarette brands that sell for $30 a carton, about half the cost of taxed, name-brand cigarettes sold in non-Indian outlets.
The Erie County cigarette plant employs about 28 people and sold 1.4 million cartons of cigarettes last year, distributing mostly to about 60 Native American outlets in upstate New York. Hilburger said the plant expects to add another 20 workers as it expands during the next year.
The Oneidas are following a trend of Indian tribes making their own cigarettes to prevent the state from collecting taxes on the middlemen, said Jim Calvin, executive director of the New York Association of Convenience Stores.
The nation agreed to buy the cigarette plant last year, two months after the state Legislature passed a law requiring cigarette manufacturers to make sure that wholesalers that buy from them pay the $27.50-per-carton state excise tax before selling the cigarettes to retailers, including Indian tribes.
Tribes in New York have long claimed sovereignty from state and local laws, and they have refused to collect sales and excise taxes for the state on cigarettes they sell, despite a U.S. Supreme Court ruling in 1994 that states have the right to collect those taxes. Successive governors in New York have all declined to enforce the tax laws.
The tribe has agreed to purchase Sovereign Tobacco in Angola for $6.6 million, according to sales documents filed with the federal government. The transaction is expected to be completed by October 2010, Bob Hilburger, a business development director for the nation, said Thursday.
The nation already runs the Turning Stone Resort & Casino, a dozen SavOn gas station-convenience stores, a gaming software company and five golf courses. It sells about $34 million of untaxed cigarettes a year at its stores.
Sovereign Tobacco produces Niagara and Bishop discount cigarette brands that sell for $30 a carton, about half the cost of taxed, name-brand cigarettes sold in non-Indian outlets.
The Erie County cigarette plant employs about 28 people and sold 1.4 million cartons of cigarettes last year, distributing mostly to about 60 Native American outlets in upstate New York. Hilburger said the plant expects to add another 20 workers as it expands during the next year.
The Oneidas are following a trend of Indian tribes making their own cigarettes to prevent the state from collecting taxes on the middlemen, said Jim Calvin, executive director of the New York Association of Convenience Stores.
The nation agreed to buy the cigarette plant last year, two months after the state Legislature passed a law requiring cigarette manufacturers to make sure that wholesalers that buy from them pay the $27.50-per-carton state excise tax before selling the cigarettes to retailers, including Indian tribes.
Tribes in New York have long claimed sovereignty from state and local laws, and they have refused to collect sales and excise taxes for the state on cigarettes they sell, despite a U.S. Supreme Court ruling in 1994 that states have the right to collect those taxes. Successive governors in New York have all declined to enforce the tax laws.
понедельник, 21 сентября 2009 г.
Fake cigarettes seized
UK Border Agency officials at a Suffolk port seized one million counterfeit cigarettes after an attempt was made to smuggle them into the country.
They were found when they arrived at Felixstowe concealed in a consignment of industrial electric fans.
The cigarettes had been shipped from China and were hidden inside hollowed out sections of the fans.
They were found when they arrived at Felixstowe concealed in a consignment of industrial electric fans.
The cigarettes had been shipped from China and were hidden inside hollowed out sections of the fans.
четверг, 17 сентября 2009 г.
Convenience stores are top violators of smoking rules
TAIPEI, Taiwan -- The convenience stores that operate around the clock have turned out to have the most violations of selling cigarettes to underaged customers.
There were 233 registered cases as of Aug. 1 in Taipei City alone concerning the violation of the new and stricter tobacco hazard prevention regulations which took effect on Jan. 11, according to the statistics compiled by the Taipei Municipal Department of Health.
The figure resulted from stepped-up spot inspection of major retailing outlets like convenience stores, grocery stores and betel nut stands during the summer vacation.
Health officials found that the four leading chains of convenience stores — 7-Eleven, FamilyMart, Hi-Life and OK — committed 112 violations of selling cigarettes to customers under 18, accounting for almost half of the total.
Betel nut stands and traditional grocery stores were caught with 58 and 51 violations respectively.
The officials said teenagers tended to more easily purchase tobacco products during summer vacation because they usually were not required to wear school uniforms.The failure of store staff to ask for ID from young-looking customers was another major factor, they said.Those violating the rules prohibiting the sale of cigarettes to people under the age of 18 are liable for a fine between NT$10,000 and NT$50,000.
Officials urged the leading chains of convenience stores to conduct adequate training for their staff to avoid repeating the same mistakes.
The violations in Taipei could reflect the same situation throughout Taiwan, which now has more than 9,000 convenience stores.
There were 233 registered cases as of Aug. 1 in Taipei City alone concerning the violation of the new and stricter tobacco hazard prevention regulations which took effect on Jan. 11, according to the statistics compiled by the Taipei Municipal Department of Health.
The figure resulted from stepped-up spot inspection of major retailing outlets like convenience stores, grocery stores and betel nut stands during the summer vacation.
Health officials found that the four leading chains of convenience stores — 7-Eleven, FamilyMart, Hi-Life and OK — committed 112 violations of selling cigarettes to customers under 18, accounting for almost half of the total.
Betel nut stands and traditional grocery stores were caught with 58 and 51 violations respectively.
The officials said teenagers tended to more easily purchase tobacco products during summer vacation because they usually were not required to wear school uniforms.The failure of store staff to ask for ID from young-looking customers was another major factor, they said.Those violating the rules prohibiting the sale of cigarettes to people under the age of 18 are liable for a fine between NT$10,000 and NT$50,000.
Officials urged the leading chains of convenience stores to conduct adequate training for their staff to avoid repeating the same mistakes.
The violations in Taipei could reflect the same situation throughout Taiwan, which now has more than 9,000 convenience stores.
вторник, 15 сентября 2009 г.
Quit Smoking to Save Money
Smoking cigarettes can be a very expensive habit. Money spent on cigarettes each week could have gone towards groceries, bills, going out to eat, or a host of other items that could be added into your budget. Spending money on smoking can directly impact a family budget, especially if the budget is tight already. Many people decide to quit smoking because of the financial burdens it places on their family.
To feel the continuing mood enhancement that the nicotine in cigarettes provides, many smokers smoke more than one pack per day. A person may begin smoking only a couple of cigarettes per day, but eventually they need more to feel the nicotine effects. What started out as a cigarette here and a cigarette there turns into a pack, a pack and a half, two packs a day, and so on.
To calculate how much you spend on cigarettes per week determines how many cigarettes you smoke per month and then multiply that by 12. If your pack of cigarettes is generally $4.00 and you smoke 2 packs per day, you are roughly spending $3,000 a year on cigarettes, lighters, etc. If you were to quit smoking your budget would have an additional three grand per year added to it. That could pay for all sorts of nice things that you could afford.
If you were to take the money you were saving from not smoking and place it into a 401k plan you could retire with thousands upon thousands of dollars just from the money you were going to spend on cigarettes plus interest.
Another benefit of not smoking that will save you money is with insurance costs. Most insurance companies will not even insure a smoker. The insurance companies that will cover you may charge outrageous premiums and have high deductibles. Even then they may not cover some medical conditions you incur due to your cigarette use.
If you smoke in your car you have greatly depreciated the value of it. A non-smoker can tell quickly that a car has been smoked in. For smokers it is hard to smell cigarette smoke because not only have they gotten used to the smell of smoke, but the harmful effects of smoking have decreased their ability to smell.
Not only that, but many companies across the US are putting bans on smoking on their premises and have even gone so far as to not hire employees that smoke. You could be missing some wonderful job opportunities because of you cigarette addiction.
The time to quit smoking is now.
To feel the continuing mood enhancement that the nicotine in cigarettes provides, many smokers smoke more than one pack per day. A person may begin smoking only a couple of cigarettes per day, but eventually they need more to feel the nicotine effects. What started out as a cigarette here and a cigarette there turns into a pack, a pack and a half, two packs a day, and so on.
To calculate how much you spend on cigarettes per week determines how many cigarettes you smoke per month and then multiply that by 12. If your pack of cigarettes is generally $4.00 and you smoke 2 packs per day, you are roughly spending $3,000 a year on cigarettes, lighters, etc. If you were to quit smoking your budget would have an additional three grand per year added to it. That could pay for all sorts of nice things that you could afford.
If you were to take the money you were saving from not smoking and place it into a 401k plan you could retire with thousands upon thousands of dollars just from the money you were going to spend on cigarettes plus interest.
Another benefit of not smoking that will save you money is with insurance costs. Most insurance companies will not even insure a smoker. The insurance companies that will cover you may charge outrageous premiums and have high deductibles. Even then they may not cover some medical conditions you incur due to your cigarette use.
If you smoke in your car you have greatly depreciated the value of it. A non-smoker can tell quickly that a car has been smoked in. For smokers it is hard to smell cigarette smoke because not only have they gotten used to the smell of smoke, but the harmful effects of smoking have decreased their ability to smell.
Not only that, but many companies across the US are putting bans on smoking on their premises and have even gone so far as to not hire employees that smoke. You could be missing some wonderful job opportunities because of you cigarette addiction.
The time to quit smoking is now.
пятница, 11 сентября 2009 г.
Beer, Cigarettes and Flat Screen TVs: Targeting the Poor in Times of Economic Crisis digg stumble reddit
If I received one bailout dollar for every time a poor person was accused of spending hard earned tax payer money on beer, cigarettes, and flat screen televisions, I'd be rich -- or at least as rich as AIG, who coincidentally received over $70 billion from the government to stave off bankruptcy.
In the stimulus bill, the government allocated $5 billion dollars to states to help needy women and families whose financial situations have been made worse by the current recession. Conservatives and others have responded to the relief by calling it a misuse of tax payer funds and accusing mothers of purchasing beer and cigarettes with the money. The question is where were these concerned citizens when the government was doling out money to banks and businesses with little to no accountability?
When it comes to lending a helping hand to poor people, there seems to be a double standard. Since the start of the recession, the Administration has implemented several programs to help families and businesses in need -- tax cuts, the $8,000 home buyer's credit, cash for clunkers, the homeowner affordability plan, among others. For the most part, all of these programs have been targeted toward the middle-class with an aim toward stimulating the economy and helping families recover. Very few poor people have been able to take advantage of the above-mentioned programs.
Of the few programs in the stimulus package designed to help those living in poverty or families in need, the government requires states to put up a 20 percent match in order to tap into the funds. To date, only 26 states have been able to meet the requirements to receive the funds.
Matching funds are nothing new, but during this economic crisis requiring states that are already strapped or in fiscal despair to come up with 20 percent to receive so-called emergency funds does not make much sense. Why didn't banks have to put up a 20 percent match in order to receive federal dollars?
On a separate but related note, the idea that if cash is given directly to poor people they will squander or misuse it is without merit. When women struggling to make ends meet receive extra money, they use it to provide for their families, buy food and clothing, and to pay utility bills and rent. Yes, there may be a few in the bunch who may choose to misappropriate the money, but those individuals are in the minority. They are the exception and not the rule.
In the U.S., the poor have always been considered a burden to shoulder or a problem to be solved. Programs to help individuals and families living in poverty should be viewed as social investments and economic stimuli. They should go hand-in-hand with the Administration's current efforts to revive the economy and move families into the middle class.
The Administration should revisit the match requirements for states to receive emergency funds to help and provide support to families in need. And conservatives should be more concerned about how the $750 billion given to banks is being spent as opposed to the paltry $200-per-child given to women to help make ends meet in this downturn. At the end of the day, what difference does it really make if a woman chooses to buy pizza over bread to feed her hungry family?
In the stimulus bill, the government allocated $5 billion dollars to states to help needy women and families whose financial situations have been made worse by the current recession. Conservatives and others have responded to the relief by calling it a misuse of tax payer funds and accusing mothers of purchasing beer and cigarettes with the money. The question is where were these concerned citizens when the government was doling out money to banks and businesses with little to no accountability?
When it comes to lending a helping hand to poor people, there seems to be a double standard. Since the start of the recession, the Administration has implemented several programs to help families and businesses in need -- tax cuts, the $8,000 home buyer's credit, cash for clunkers, the homeowner affordability plan, among others. For the most part, all of these programs have been targeted toward the middle-class with an aim toward stimulating the economy and helping families recover. Very few poor people have been able to take advantage of the above-mentioned programs.
Of the few programs in the stimulus package designed to help those living in poverty or families in need, the government requires states to put up a 20 percent match in order to tap into the funds. To date, only 26 states have been able to meet the requirements to receive the funds.
Matching funds are nothing new, but during this economic crisis requiring states that are already strapped or in fiscal despair to come up with 20 percent to receive so-called emergency funds does not make much sense. Why didn't banks have to put up a 20 percent match in order to receive federal dollars?
On a separate but related note, the idea that if cash is given directly to poor people they will squander or misuse it is without merit. When women struggling to make ends meet receive extra money, they use it to provide for their families, buy food and clothing, and to pay utility bills and rent. Yes, there may be a few in the bunch who may choose to misappropriate the money, but those individuals are in the minority. They are the exception and not the rule.
In the U.S., the poor have always been considered a burden to shoulder or a problem to be solved. Programs to help individuals and families living in poverty should be viewed as social investments and economic stimuli. They should go hand-in-hand with the Administration's current efforts to revive the economy and move families into the middle class.
The Administration should revisit the match requirements for states to receive emergency funds to help and provide support to families in need. And conservatives should be more concerned about how the $750 billion given to banks is being spent as opposed to the paltry $200-per-child given to women to help make ends meet in this downturn. At the end of the day, what difference does it really make if a woman chooses to buy pizza over bread to feed her hungry family?
среда, 9 сентября 2009 г.
DOF sees only small rise in take from excise tax on 'sin products'
MANILA, Philippines - The Department of Finance (DOF) expects excise tax collections from tobacco and alcohol products to rise by a measly 3.7 percent next year as it earlier agreed to defer to 2012 any further increases in “sin tax” rates.
Estimates made by the government showed that the imposition of higher excise tax on cigarettes and liquor would yield P60.16 billion in 2010 or P2.12 billion higher than the projected collection of P58.04 billion this year.
The projections, contained in the government’s proposed 2010 Budget of Expenditure and Sources of Financing, also put collections from cigarette manufacturers at P26.51 billion next year or 4.8 percent higher than this year’s P25.3 billion, while collections from liquor makers are expected to increase 6.2 percent to P21.29 billion from P20.05 billion.
Tax collections on sin products rose to 12 percent to P47.1 billion in 2008 from P42.2 billion in 2007 as manufacturers withdrew more from their warehouse to avoid the eight percent increase in excise tax at the start of 2009, data from the DOF showed.
Of the amount, excise taxes paid by cigarette manufacturers increased 17.9 percent to P27.35 billion. Finance officials said this is due to the increase in the volume of withdrawals — up 14.37 percent to 4.727 million packs from 4.133 million packs.
The amount paid by liquor makers, meanwhile, increased 3.9 percent to P15.63 billion as volume of withdrawals of fermented liquor rose 2.85 percent while that of distilled spirits increased 10.4 percent.
Republic Act 9334 or the indexation of sin tax on alcohol and tobacco products mandates that excise tax slapped on sin products would increase every two years until the increase reaches 20 percent by 2011.
At present, the tax system on sin products is four-tiered. It had a mixed specific and ad valorem system in place since 1997 wherein cigarette brands are classified into four categories — low, medium, high, and premium — based on their net retail price.
The Finance Department earlier agreed to defer any possible increase in the excise tax on sin products to 2012 due to the global economic slowdown. It hopes to raise P19 billion in additional taxes in 2012, another P42 billion in 2013, and P57 billion in 2014 and onwards.
Under the proposed adjustment, the DOF seeks to implement a two-tier excise tax structure in 2012 and 2013 until it is harmonized to a single rate in 2014.
Major industry players such as Fortune Tobacco of taipan Lucio Tan, Philip Morris Philippines Manufacturing Inc., La Suerte Cigar & Cigarette Factory and alcohol producers Ginebra San Miguel, Tanduay Distillers, Consolidated Distillers of the Far East, Diageo Philippines and Distileria Bago want the government to defer moves to raise taxes on cigarettes.
Estimates made by the government showed that the imposition of higher excise tax on cigarettes and liquor would yield P60.16 billion in 2010 or P2.12 billion higher than the projected collection of P58.04 billion this year.
The projections, contained in the government’s proposed 2010 Budget of Expenditure and Sources of Financing, also put collections from cigarette manufacturers at P26.51 billion next year or 4.8 percent higher than this year’s P25.3 billion, while collections from liquor makers are expected to increase 6.2 percent to P21.29 billion from P20.05 billion.
Tax collections on sin products rose to 12 percent to P47.1 billion in 2008 from P42.2 billion in 2007 as manufacturers withdrew more from their warehouse to avoid the eight percent increase in excise tax at the start of 2009, data from the DOF showed.
Of the amount, excise taxes paid by cigarette manufacturers increased 17.9 percent to P27.35 billion. Finance officials said this is due to the increase in the volume of withdrawals — up 14.37 percent to 4.727 million packs from 4.133 million packs.
The amount paid by liquor makers, meanwhile, increased 3.9 percent to P15.63 billion as volume of withdrawals of fermented liquor rose 2.85 percent while that of distilled spirits increased 10.4 percent.
Republic Act 9334 or the indexation of sin tax on alcohol and tobacco products mandates that excise tax slapped on sin products would increase every two years until the increase reaches 20 percent by 2011.
At present, the tax system on sin products is four-tiered. It had a mixed specific and ad valorem system in place since 1997 wherein cigarette brands are classified into four categories — low, medium, high, and premium — based on their net retail price.
The Finance Department earlier agreed to defer any possible increase in the excise tax on sin products to 2012 due to the global economic slowdown. It hopes to raise P19 billion in additional taxes in 2012, another P42 billion in 2013, and P57 billion in 2014 and onwards.
Under the proposed adjustment, the DOF seeks to implement a two-tier excise tax structure in 2012 and 2013 until it is harmonized to a single rate in 2014.
Major industry players such as Fortune Tobacco of taipan Lucio Tan, Philip Morris Philippines Manufacturing Inc., La Suerte Cigar & Cigarette Factory and alcohol producers Ginebra San Miguel, Tanduay Distillers, Consolidated Distillers of the Far East, Diageo Philippines and Distileria Bago want the government to defer moves to raise taxes on cigarettes.
понедельник, 7 сентября 2009 г.
Jury awards punitive damages to smoker's daughter
A jury has recommended that cigarette maker Philip Morris USA should pay $13.8 million in punitive damages to the daughter of a longtime smoker who died of lung cancer.
The panel voted 9-3 on Monday in favor of Bullock's daughter Jodie Bullock, who is now the plaintiff in the case. Betty Bullock died of lung cancer in February 2003.
She had sued Philip Morris in April 2001, accusing the company of fraud and product liability. A jury in 2002 recommended Philip Morris pay a record $28 billion in punitive damages to Bullock, but a judge later reduced the award to $28 million.
In 2008, the 2nd District Court of Appeal reversed the jury's decision and remanded the case for a new trial over the punitive damages. Philip Morris said the $28 billion remained excessive.
However, the original jury recommended the tobacco company pay Bullock $750,000 in damages and $100,000 for pain and suffering, a verdict that still stands.
In a statement, Richmond, Va.-based Altria Group Inc., which owns Philip Morris, said any amount given to Bullock's daughter is unwarranted.
"After hearing weeks of improper arguments and evidence that violated state and federal law on punitive damages, the jury still managed to reject plaintiff's patently unreasonable request," said Murray Garnick, Altria Client Services senior vice president, speaking on behalf of Philip Morris. "Even so, we believe that any punitive damages award is unwarranted based on the facts in this case and that this award is unconstitutionally excessive."
Defense attorney Frank P. Kelly said outside of court that Philip Morris hasn't decided yet whether to appeal the decision.
Plaintiff's attorney Michael Piuze said the jury's verdict amounted to a "slap on the wrist for Philip Morris."
"I liked it better when it was $28 billion," said Piuze, who represented Betty Bullock after she filed the lawsuit. "She wanted me to beat the crap out of Philip Morris, and we did it once."
Betty Bullock, 64, of Newport Beach, started smoking Marlboros when she was 17 and later turned to Benson & Hedges, both Philip Morris products.
Attorneys for Philip Morris argued Betty Bullock could have stopped smoking at anytime, and the harmful effects of cigarettes were known to smokers.
Jurors said the figure they reached was a compromise, with some arguing that Philip Morris shouldn't pay anything, while others believed the cigarette maker should pay billions of dollars in damages.
Matt Reed, 37, of Burbank was one of the three dissenting jurors, who believed Philip Morris should pay a higher amount than the verdict.
"Some of us looked at it as an opportunity to deter this behavior," Reed said. "I don't find $13.8 million to be much of a deterrent."
Other jurors felt Betty Bullock should have been more responsible, but using a formula decided on an amount for the years she suffered from lung cancer.
"I saw it as a personal choice," said Poulet Minasian, 25, of Los Angeles. "There was a big gap in the amount (during deliberations), but the $13.8 million made ense."
The panel voted 9-3 on Monday in favor of Bullock's daughter Jodie Bullock, who is now the plaintiff in the case. Betty Bullock died of lung cancer in February 2003.
She had sued Philip Morris in April 2001, accusing the company of fraud and product liability. A jury in 2002 recommended Philip Morris pay a record $28 billion in punitive damages to Bullock, but a judge later reduced the award to $28 million.
In 2008, the 2nd District Court of Appeal reversed the jury's decision and remanded the case for a new trial over the punitive damages. Philip Morris said the $28 billion remained excessive.
However, the original jury recommended the tobacco company pay Bullock $750,000 in damages and $100,000 for pain and suffering, a verdict that still stands.
In a statement, Richmond, Va.-based Altria Group Inc., which owns Philip Morris, said any amount given to Bullock's daughter is unwarranted.
"After hearing weeks of improper arguments and evidence that violated state and federal law on punitive damages, the jury still managed to reject plaintiff's patently unreasonable request," said Murray Garnick, Altria Client Services senior vice president, speaking on behalf of Philip Morris. "Even so, we believe that any punitive damages award is unwarranted based on the facts in this case and that this award is unconstitutionally excessive."
Defense attorney Frank P. Kelly said outside of court that Philip Morris hasn't decided yet whether to appeal the decision.
Plaintiff's attorney Michael Piuze said the jury's verdict amounted to a "slap on the wrist for Philip Morris."
"I liked it better when it was $28 billion," said Piuze, who represented Betty Bullock after she filed the lawsuit. "She wanted me to beat the crap out of Philip Morris, and we did it once."
Betty Bullock, 64, of Newport Beach, started smoking Marlboros when she was 17 and later turned to Benson & Hedges, both Philip Morris products.
Attorneys for Philip Morris argued Betty Bullock could have stopped smoking at anytime, and the harmful effects of cigarettes were known to smokers.
Jurors said the figure they reached was a compromise, with some arguing that Philip Morris shouldn't pay anything, while others believed the cigarette maker should pay billions of dollars in damages.
Matt Reed, 37, of Burbank was one of the three dissenting jurors, who believed Philip Morris should pay a higher amount than the verdict.
"Some of us looked at it as an opportunity to deter this behavior," Reed said. "I don't find $13.8 million to be much of a deterrent."
Other jurors felt Betty Bullock should have been more responsible, but using a formula decided on an amount for the years she suffered from lung cancer.
"I saw it as a personal choice," said Poulet Minasian, 25, of Los Angeles. "There was a big gap in the amount (during deliberations), but the $13.8 million made ense."
четверг, 3 сентября 2009 г.
Keeping Track Of How Many Cigarettes You Smoke Each Day
Have you noticed that you are smoking much more lately than you normally do? Smoking is a dangerous and deadly enough habit without turning yourself into a chain smoker. It can be very easy to let yourself get into the habit of lighting one cigarette after another if you do not watch very carefully what you are doing. This happens easier for those who are in a situation where there is no restrictions placed on their smoking amount by something like where they work or other activities they engage in.
When you work in a place where you have a designated break time, you might only be allowed to smoke during those times. Whether you like it or not, at least this will help to keep your smoking habit under control during the time you are there. Other places where you are not allowed to smoke is in church, public buildings like restaurants or government offices, schools, and lots of other places. You must control your urge to smoke at these places just because it is not allowed.
When you are given free reign over your smoking you can light up whenever you wish too. You might work from home or your work could be traveling around in a vehicle of some kind all day. This can allow you to smoke non-stop and this can be easy to get into the habit of doing. How do you think chain smokers become chain smokers? It is because they do it whenever they want to. So, what can you do if you have complete control over your smoking habit and you are losing that control?
The first thing to do is realize that you are doing it. After you have admitted to yourself that you are smoking far too much, you have to learn to set your own limits. Pick certain times of the day or when you are doing certain things and make the commitment to not smoke during those times and do your best to stick to it. If you drive around for your work, try taking only a certain number of smokes with you and make them last. If you work inside your home, like using your computer, make a rule to not smoke inside. Smoke only outside and set the times when you allow yourself to go out.
Maybe you do not think you have the willpower to do this, but if you do not take the problem into hand yourself, who will? Who knows? This might the first steps to get yourself to stop smoking all together. Willpower might come easier if you use it a little at a time instead of trying to be completely strict with yourself all at once.
When you work in a place where you have a designated break time, you might only be allowed to smoke during those times. Whether you like it or not, at least this will help to keep your smoking habit under control during the time you are there. Other places where you are not allowed to smoke is in church, public buildings like restaurants or government offices, schools, and lots of other places. You must control your urge to smoke at these places just because it is not allowed.
When you are given free reign over your smoking you can light up whenever you wish too. You might work from home or your work could be traveling around in a vehicle of some kind all day. This can allow you to smoke non-stop and this can be easy to get into the habit of doing. How do you think chain smokers become chain smokers? It is because they do it whenever they want to. So, what can you do if you have complete control over your smoking habit and you are losing that control?
The first thing to do is realize that you are doing it. After you have admitted to yourself that you are smoking far too much, you have to learn to set your own limits. Pick certain times of the day or when you are doing certain things and make the commitment to not smoke during those times and do your best to stick to it. If you drive around for your work, try taking only a certain number of smokes with you and make them last. If you work inside your home, like using your computer, make a rule to not smoke inside. Smoke only outside and set the times when you allow yourself to go out.
Maybe you do not think you have the willpower to do this, but if you do not take the problem into hand yourself, who will? Who knows? This might the first steps to get yourself to stop smoking all together. Willpower might come easier if you use it a little at a time instead of trying to be completely strict with yourself all at once.
вторник, 1 сентября 2009 г.
Thieves steal hundreds of cigarettes in South Yarra heist
THIEVES have made off with thousands of dollars worth of cigarettes during a brazen heist in South Yarra this morning.
A delivery van driver was travelling along Toorak Rd, near Chamber St, about 7am when two men approached the van and threatened him with a weapon.
The driver, 57 from Mulgrave, was ordered to get out of his white Mercedes van before the thieves drove it to nearby Claremont St.
They then unloaded the cargo of cigarettes into another white van before fleeing.
The delivery driver was uninjured and his van is undergoing forensic testing.
Armed Crime Squad Acting Sen-Sgt Andrew Stamper said police believe the thieves were well prepared.
“This appears to be a well planned robbery because of the time and location," he said.
Police are now hunting three men over the heist.
A delivery van driver was travelling along Toorak Rd, near Chamber St, about 7am when two men approached the van and threatened him with a weapon.
The driver, 57 from Mulgrave, was ordered to get out of his white Mercedes van before the thieves drove it to nearby Claremont St.
They then unloaded the cargo of cigarettes into another white van before fleeing.
The delivery driver was uninjured and his van is undergoing forensic testing.
Armed Crime Squad Acting Sen-Sgt Andrew Stamper said police believe the thieves were well prepared.
“This appears to be a well planned robbery because of the time and location," he said.
Police are now hunting three men over the heist.
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