sample="rhetorical" bates="2073177055" isource="pm" decade="1990" class="ui" date="19960808" Draft Carter/Loss 8/8/96 The verdict in Carter v. American Tobacco (Brown & Williamson) is an aberration that defies common sense and runs contrary to previous verdicts in smoking and health cases. Indeed, it follows numerous and many recent positive developments in tobacco litigation , including the decertification of the Castano class, the dismissal of several individual smoking and health cases in Florida , and the decision by the Legal Aid Board in London not to fund a class action against the industry case in Great Britain. We expect that American (Brown & Williamson) will appeal and that ultimately the verdict Are we in a position to opinion on B&W's chances on appeal? should will be overturned. In the 1988 Cipollone case, for example, the jury's verdict against one of the defendant s was later reversed by a higher court. The Carter verdict sets no legal precedent , especially since Moreover, each case is different must be tried on its own facts and is based on the individual circumstances of an individual smoker s.