Walter Olson has been all over the Tobacco Lawsuit Industry at his
Overlawyered.com website for years. So, I was surprised today —
while listening to Kurt Vonnegut‘s latest book, A Man Without a Country
(Seven Stories Press, Sept. 2005) — to hear a new legal theory for suing
big tobacco that has not been exposed yet at Overlawyered. Vonnegut
“I’m going to tell you some news. … Here?s the news: I am
going to sue the Brown & Williamson Tobacco Company,
manufacturers of cigarettes, for a billion bucks! Starting when
I was only twelve years old, I have never chain-smoked anything
but unfiltered Pall Malls. And for many years now, right on the
package, Brown and Williamson have promised to kill me. But
I am now eighty-two. Thanks a lot, you dirty rats. The last thing
I ever wanted was to be alive when the three most powerful people
on the whole planet would be named Bush, Dick and Colon.”
[update: An anonymously curious reader wonders whether Kurt
borrowed the “three most powerful men” line from Chris Rock,
or vice versa.]
Of course, after today’s Supreme Court decision in Gonzales v. Oregon,
B&W might force Vonnegut to mitigate damages, by moving to Oregon
and finding a willing doctor. [And see Vonnegut’s novel from 2001,
God Bless You, Dr. Kevorkian.] Still, I count on Walter to keep me up
to date on issues like this, so I’m a little disappointed.
Speaking of disappointment and broken promises, this
thin little volume (declared by its publisher to be “The first
major book to appear from Kurt Vonnegut in nearly a decade.”)
did not have enough new or unique wit or wisdom to be worth
my 2.5 hours of listening time, and does not deserve to be called
a “major book,” by an author who has indeed written many such
books. The best one-liners could have filled a couple pages. My
main theory of liability, however, would not be against the publisher
for over-touting, but would be against Kurt Vonnegut for breaking his
“promise to write no more.” Hey, you never know.
afterthought (10 AM): Maybe I’m being a little too tough on old Kurt.
Part of my problem with the book is that he says so many things
that are simply common sense to me — opinions I’ve held for a long
time. Two good examples:
(1) “There is a tragic flaw in our precious Constitution, and I don’t
know what can be done to fix it. This is Only nut cases want
to be president. This was true even in high school. Only clearly
(2) ” . . . vocal Christians among us never mention the Beatitudes.
But, often with tears in their eyes, they demand that the Ten
Commandments be posted in public buildings. And of course
that’s Moses, not Jesus. I haven’t heard one of them demand
that the Sermon on the Mount, the Beatitudes, be posted
anywhere. “Blessed are the merciful” in a courtroom? “Blessed
are the peacemakers” in the Pentagon? Give me a break.” (at 98)
and here]
On the other hand, I must admit that I smiled broadly at
Vonnegut’s mention of Schenectady, my adopted hometown:
“I got classified as a science fiction writer simply because I
wrote about Schenectady, New York. My first book, Player Piano
[1952], was about Schenectady. There are huge factories in
Schenectady and nothing else. I and my associates were engineers,
physicists, chemists, and mathematicians. And when I wrote about
the General Electric Company and Schenectady, it seemed a
fantasy of the future to critics who had never seen the place.”
[emphasis added]
Of course, GE is no longer headquartered in Schenectady, and has about
5% of its peak number of employees stationed here. I wonder what Kurt
would think about that. Talk about nothing here. Talk about futuristic.
Now that Walter has a heads-up on the “still living after all these years” cause of
action, I’m counting on him to keep us posted.
news of his death
the cigarette smoke rises
straight up
“noSmokingR”
goblins at the door
in the darkness behind them
a cigarette flares
the slow wobble
of a smoke ring
January 18, 2006
does Overlawyered know about Vonnegut?
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