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A Dispatch from Americas Tobacco Litigation Ranks: Primary Assumption of Risk and Personal Responsibility in a Comparative Fault Age

David L. Wallace


I. The Past as Prologue Tobacco litigation in the United States, as mature a body of product liability practice as one is likely to find, still produces fruit near the back and around the edges of the legal vineyard. After a run of nearly fifty years in the courts, it remarkably continues to regenerate itself, every once in a while tossing off a noteworthy grape for notice, study and efforts at transplantation elsewhere. In the early 1990s, for example, to

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