Smoker’s Widow Nets $26.6 Million Verdict In Latest Post-Engle Tobacco Trial

FORT LAUDERDALE, Fla. — (Mealey’s) In the latest setback for the tobacco industry among Engle progeny cases, a Florida jury yesterday awarded $26.6 million to the widow of a smoker who died from lung cancer in 1994 ( Robin Cohen v. R.J. Reynolds Tobacco Co., et al. , No. 07-11515, Fla. Cir...

Florida Judge Grants Mistrial In Latest Engle Progeny Tobacco Case

BRADENTON, Fla. — (Mealey’s) A Florida judge granted a mistrial May 12 in an Engle progeny tobacco trial, two days after the cigarette company defendants questioned his actions in holding a private, off-the-record discussion with the jury after it had begun deliberations; it was not immediately...

11th Circuit: More Inquiry Into Engle Jury's Finding Needed

ATLANTA - (Mealey's) Florida federal courts presiding over Engle progeny cases must do more work to identify precisely what the Phase I trial findings of the Engle jury mean before deciding the extent to which they have res judicata effect in establishing elements of the individual plaintiffs'...

Troutman Sanders LLP: Big Tobacco Loses Appeal in Racketeering Case

A federal appellate court recently rejected the tobacco industry's argument that restrictions imposed as part of a 2006 judgment should be set aside because Congress, in 2009, passed a law that imposed other restrictions on the industry and gave the Food & Drug Administration ("FDA"...

Florida Appeals Court Strikes Punitive Damages, Orders Remittitur On Others In Tobacco Case

WEST PALM BEACH, Fla. - (Mealey's) A Florida appeals court conditionally struck $5 million in punitive damages from a tobacco wrongful death suit June 12 and directed a trial judge to grant remittitur on $15 million in survivors' consortium claims ( Philip Morris USA Inc., et al. v. Sharon Putney...

Florida Federal Jury Awards $2.5 Million To Smoker With Lung Disease

JACKSONVILLE, Fla. — (Mealey’s) A Florida federal jury awarded $5 million in compensatory damages May 15 to a woman who said three companies’ cigarettes caused chronic obstructive pulmonary disease, but the jury assigned 50 percent of the fault to the plaintiff ( Pauline Burkhart, et...

Florida Federal Jury Adds $2.5M In Punitive Damages For Smoker With Lung Disease

JACKSONVILLE, Fla. — (Mealey’s) A Florida federal jury added $2.5 million in punitive damages Friday to $2.5 million in compensatory damages it had awarded May 15 to a woman who said three companies’ cigarettes caused chronic obstructive pulmonary disease ( Pauline Burkhart, et al....

Parties Dispute Nicotine Addiction Issue In Florida Suit’s Opening Statements (Watch The Videos)

TAMPA, Fla. — (Mealey’s) Trial got under way on Sept. 26 with opening statements in the Hillsborough County, Fla., 13th Judicial Circuit Court in a suit alleging that a woman’s death from lung cancer was caused by her 40 years of smoking ( James Lourie, et al. v. R.J. Reynolds Tobacco...

Florida Jury Cites Lack Of Proof On Causation, Finds For Philip Morris (Watch The Closing Statement Videos)

MIAMI — (Mealey’s) A state court jury returned a defense verdict Jan. 23 in a suit alleging that a longtime smoker’s laryngeal cancer was caused by his use of Marlboro cigarettes manufactured by Philip Morris USA Inc. ( Jose Vila Jr. v. Philip Morris USA Inc. , No. 2013-12833-CA, Fla...

Counsel For Smoker, Tobacco Companies Spar Over Addiction Issue In Florida Suit (Watch The Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) The “lies and deceit” of the tobacco industry caused longtime smoker Edward Caprio to become addicted to cigarettes that led to his lung cancer and chronic obstructive pulmonary disease (COPD), Caprio’s attorney told a Florida state court...

Jury Returns Partial Verdict For Smoker In Florida Tobacco Case (Watch The Closing Argument Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A Florida state court judge accepted a partial jury verdict in a suit against four tobacco companies Feb. 24 amid calls for a mistrial from the defendants after the jury reported that it could not reach agreement on all questions on the verdict form ( Edward...

Plaintiffs, Tobacco Companies Reach Aggregate Settlement In 415 Smoking Cases

JACKSONVILLE, Fla. — (Mealey’s) A federal judge issued a stay of proceedings in 415 Engle progeny cases Feb. 25 after the plaintiffs agreed to a $100 million aggregate settlement with R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Lorillard Tobacco Co. ( In re: Engle Progeny Cases...