Surviving and Thriving the Threat of Litigation

Mermin, Ted

Thursday, August 16, 2012: 10:30 AM

3501F (Kansas City Convention Center)

Ted Mermin, JD, M.Ed. , Public Good Law Center, Berkeley, CA

Anne Pearson, JD, MA , Public Health - Seattle & King County, Seattle, WA

Susan M Kansagra, MD, MBA , Bureau of Tobacco Control, NYC Department of Health & Mental Hygiene, Queens, NY

Learning Objectives

At the conclusion of this presentation attendees will be able to:

Participants will be able to identify and assess the litigation risk in pursuing innovative tobacco control regulation policies, ways to minimize the risk, evaluation of the costs and benefits of pursuing policies likely to draw litigation, and how and when to marshal the political will and capital to forge ahead despite a risky environment.
Participants will be able to identify ways to minimize the risk of litigation challenging the validity of the proposed action and how to increase the likelihood of a positive judicial decision if the government agency is sued.
Participants will be able to describe how and when to marshal the political will to pursue a specific policy agenda despite the risk of litigation.

Cross Cutting Program Area(s): Legal Issues and Tobacco Control Policies

Audience:

Local and state government agencies and their advocacy partners who are interested in exploring innovative tobacco control regulation policies that may attract litigation.

Key Points:

Session is a companion session to the Legal Session titled, “Hit me with your best shot: withstanding legal challenges to tobacco control policies.” It provides an opportunity for an in-depth discussion regarding the legal opportunities for innovative tobacco control regulatory policies and the political and judicial climate for such policy work at the state and local levels. Framing the discussion will be two speakers who will address: 1) the legal opportunities and judicial climate for pursuing innovative policies and 2) the public health leader’s decision-making process in considering whether to pursue a policy agenda where the risk for litigation is above average. The session will culminate in a facilitated roundtable discussion featuring the speakers and other invited legal and political experts.

Educational Experience:

Participants will have the opportunity to identify and assess the litigation risk for pursuing innovative tobacco control regulation policies, ways to minimize the risk, considerations in the decision-making process when a proposed policy is likely to draw litigation, finding the political will to pursue a policy despite a risky environment, and cultivating the political capital to forge ahead.

Benefits:

Participants will be better prepared to successfully pursue cutting edge tobacco control regulation policy approaches that are likely to result in a lawsuit. They will be better positioned to not only professionally survive the litigation, but also to be recognized for their public health leadership.