Wyoming Health Watch Week-In-Review 11/25/19: Wrongful Death Verdict, Climate Change, and Vaping

This week we examine how an enormous $157 million wrongful death verdict may change the law when a same sex spouse, who isn’t married at the time of the injury, can still sue as though he or she was.  We also continue reporting on climate change litigation, as one can undoubtedly sense the fossil fuel industry is feeling the heat, as well as the latest on the vaping epidemic metastasizing throughout our high schools.  Thank you for reading and please share with anyone who may be able to help prevent a catastrophe.  
Happy Thanksgiving to you and yours as I am extremely thankful for the many friends, colleagues and loved ones that bless me and my family this season.
~ Jason Ochs
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$157M Florida Tobacco Verdict to Potentially Change Wrongful Death and Injury Law Throughout the Country When Involving Same-Sex Couples
Last week, in the lone state that still allows lawsuits against tobacco companies, a surviving spouse was awarded $157 million against RJ Reynolds and Phillip Morris for the wrongful death of his same sex spouse.  Prior to trial, the defense filed a Motion for Summary Judgment asserting the surviving spouse did not have standing to bring the wrongful death action since he was not married at the time of his spouse’s injury.  However, the surviving spouse argued that same sex marriage wasn’t legal in Florida until 2015, the year they were married, and but for the law, they would have married 10 years earlier.  The judge denied the Summary Judgment and left the question for the jury.  The jury believed the surviving spouse and found he had standing.  The case will certainly be appealed and would be an obvious issue to be decided by the Supreme Court.  Until then, lawyers should reconsider how they advise same sex couples in similar wrongful death and/or loss of consortium claims.  Listen and share our informative podcast on this developing legal issue here:  https://bit.ly/2OAYNP9

Exxon and Suncor Frantically File 10th Circuit Appeal in Hopes of Preventing Climate Change Case From Being Remanded to State Court in Colorado
A Colorado Federal Court just last week remanded a case back to state court against Exxon and Suncor.  The lawsuit is one of hundreds waiting for their day in Court against fossil fuel giants seeking reparations and damages for their contribution to climate change.  We have been the only ones in the country bringing awareness to this issue, and encouraging states like Wyoming to get up to speed and pay attention to these potentially policy changing events.  Both Exxon and Suncor filed a joint appeal to the 10th circuit, shortly after the remand ruling, arguing that the case should remain in federal court due to “issues that related to national concerns”.  The filing all but reflected the heat that these enormous companies are starting to feel.  Share our podcast with as many influential Wyomingites and policy makers that you can, so we can stay ahead of the steam engine heading our way. https://bit.ly/37wK00w

Trump Administration Backs Off of Flavored Vaping Ban, New York Issues Emergency Order Outlawing All Flavored Vape Pods
Ten days ago President Trump announced his intention to outlaw all flavored vaping products to help curb the youth epidemic we are seeing all over the country only to do a 180 and back off of his comments days ago, much to the disappointment of teachers and school officials everywhere.  New York, however, upon reports of President Trump’s change of heart, issued an emergency order outlawing all flavored vape pods.  After talking to several school officials throughout various parts of our state, Wyoming is no stranger to the epidemic, however, seeing Wyoming issue the same sort of Order that New York did seems highly unlikely.  If Wyomingites want to see a curb in the vaping crisis, they’ll have to rely on the private sector to do so.  Listen and share our one-of-a-kind podcast that dives into whether retailers deserve part of the blame, especially those that are intentionally making sure that any vape products are not appearing on convenience store receipts:  https://bit.ly/2XAN3Ae