Punitive Damages Award Vacated On Repose Statute In Tobacco Death Case

WEST PALM BEACH, Fla. - (Mealey's) The $5 million punitive damages portion of what was originally an $8 million verdict has been vacated by a Florida appeals court, which found May 2 that the reliance required for the fraudulent concealment claim on which the punitive damages award was based was...

Federal Judge Sanctions TD Bank, Greenberg Traurig for 'Simply Incredible' Discovery Errors

A Florida federal court judge imposed sanctions against TD Bank and its law firm, Greenberg Traurig, for "willfully" hindering and obfuscating the production of evidence that painted a much more culpable role of TD Bank in Scott Rothstein's $1.2 billion Ponzi scheme. The order by United...

Jury Awards Oregon Veterans $85 Million For C6 Exposure At Restore Iraqi Oil Site

PORTLAND, Ore. - (Mealey's) The Iraq War contractors accused by Oregon National Guard members in the U.S. District Court for the District of Oregon of exposing them to hexavalent chromium during a Restore Iraqi Oil mission were found liable by a jury under the theory of negligence but not fraud Nov...

Jury Awards Plaintiff $10.4 Million For Injuries, Punitive Damages Linked To Novartis' Zometa

CENTRAL ISLIP, N.Y. - (Mealey's) A New York federal jury on Nov. 2 found Novartis Pharmaceuticals Corp. liable for a woman's osteonecrosis of the jaw (ONJ) and awarded her $10.45 million, according to the parties ( Barbara Davids v. Novartis Pharmaceuticals Corporation , No. 2:06-431, E.D. N...

New Jersey Jury Awards $3.35 Million, Weighs Punitives In State's 1st Pelvic Mesh Trial

ATLANTIC CITY, N.J. - (Mealey's) A New Jersey court on Feb. 26 is hearing evidence for a punitive damages verdict in the state's first pelvic mesh bellwether trial, a day after returning a $3.35 million compensatory verdict for a woman who claims to have debilitating injuries from the device...

Maryland High Court Vacates $1 Billion In Punitive Damages In Gasoline Leak

BALTIMORE - (Mealey's) Saying plaintiffs claiming contamination of their properties with benzene and methyl tertiary-butyl ether (MTBE) from a leak at an Exxon Mobil Corp. tank farm outside Baltimore failed to prove the fraud necessary to support an award of punitive damages, Maryland's highest...

Jury Awards $7.76 Million In Punitive Damages In New Jersey's 1st Pelvic Mesh Trial

ATLANTIC CITY, N.J. - (Mealey's) A New Jersey court on Feb. 28 ordered the Ethicon Endo-Surgery Inc. subsidiary of Johnson & Johnson to pay $7.76 million in punitive damages to a woman who claims to have debilitating injuries from a Gynecare Prolift pelvic sling, sources told Mealey Publications...

California Jury Awards $8.3 Million In 1st Reported DePuy ASR Metal-On-Metal Hip Trial

LOS ANGELES - (Mealey's) A California state court jury on March 8 awarded $8,338,000 in what is believed to be the first trial involving the recalled DePuy ASR XL metal-on-metal hip, according to the parties ( Loren Kransky, et al. v. DePuy, Inc., et al. , No. BC456086, Calif. Super., Los Angeles...

Health Insurers Ordered To Pay $500 Million Punitive Damages In Nevada Hepatitis C Outbreak

LAS VEGAS - (Mealey's) A Nevada state court jury on April 9 ordered two health insurers to pay $500 million in punitive damages to three plaintiffs who claim that the defendants' actions contributed to them or a spouse becoming infected with hepatitis C during colonoscopies, a source told Mealey...

California State Jury Awards $6.5 Million In 1st Actos Bladder Cancer Case To Go To Trial

LOS ANGELES - (Mealey's) A California state court jury on April 26 awarded $6.5 million in the first Actos bladder cancer case to go to trial, according to the parties ( Jack Cooper v. Takeda Pharmaceuticals America Inc. , CGC-12-518535, Calif. Super., Los Angeles Co.). The parties said the jury...

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...

Conn. Federal Judge Awards $1.7 Million In Punitive Damages In Prempro Breast Cancer Case

NEW HAVEN, Conn. — (Mealey’s) Applying Connecticut law governing punitive damages in product liability actions, a Connecticut federal judge on Aug. 5 awarded $1,769,932 to a woman and her husband, who in April 2012 were awarded $4 million in compensatory damages by a jury ( Margaret B. Fraser...

Florida Appeals Court Vacates Punitive Damages, Allows Compensatories, In Tobacco Case

WEST PALM BEACH, Fla. — (Mealey’s) A Florida appeals court vacated $50,000 in punitive damages in a smoking wrongful death case Aug. 14, but allowed a compensatory damages award of approximately $957,000 to stand ( R.J. Reynolds Tobacco Company v. Pamela Ciccone , No. 4D11-3807, Fla. App...

$2 Million, Mostly Punitives, Awarded In Retrial Of 1st Bard MDL Pelvic Mesh Injury Case

CHARLESTON, W. VA. — (Mealey’s) A West Virginia federal jury on Aug. 15 awarded $2 million in compensatory and punitive damages in the first multidistrict litigation bellwether trial involving a pelvic mesh device made by C.R. Bard Inc. ( Donna Cisson, et al. v. C.R. Bard, Inc. , No. 2:11...

Billion Dollar Verdict Against Nursing Home Continues Law Firm’s Impressive Win Streak

In yet another case against former nursing home giant Trans Healthcare, Inc., Tampa law firm Wilkes & McHugh has obtained its fourth multi-million verdict, this one actually reaching $1.1 billion, including punitive damages, in Polk County Circuit Court. 2013 Jury Verdicts LEXIS 7568 . Wilkes &...

Florida Appeals Court Affirms $25 Million In Punitives In Tobacco Death Verdict

MIAMI — (Mealey’s) The Third District Florida Court of Appeal affirmed $25 million in punitive damages to the widow of a smoker Sept. 4, saying the award, which was in addition to $16 million in compensatory damages, was not unconstitutionally excessive ( Lorillard Tobacco Co. v. Dorothy...

Court: New Evidence For Punitive Damages Was Not Precluded By Remand

JEFFERSON CITY, Mo. — (Mealey’s) Saying that a trial judge did not err by allowing new mitigating evidence to be presented to a jury considering the amount of punitive damages on remand, the Missouri Supreme Court on Sept. 10 affirmed a $1.5 million judgment in a long-running tobacco wrongful...

U.S. High Court Won’t Hear Arguments That Punitives Are Preempted In Drug Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 7 refused to hear arguments by Novartis Pharmaceuticals Corp. that federal drug regulations and high court precedent preempt the awarding of state law punitive damages in an Aredia/Zometa jaw injury case ( Novartis Pharmaceuticals...

Pa. High Court Reconsiders, Won’t Disturb $8.6M Prempro Punitive Damages Award

PHILADELPHIA — (Mealey’s) The Pennsylvania Supreme Court on Dec. 16 let stand an $8.6 million punitive damages verdict in a Prempro hormone replacement therapy case after dismissing the appeal as improvidently granted ( Mary Daniel, et al. v. Wyeth Pharmaceuticals, Inc., et al. , Nos. 63...

William A. Ruskin: The New York City Asbestos Litigation Just Became More Complicated

By William A. Ruskin | Pursuant to the Decision and Order of the Hon. Sherry Klein Heitler, dated April 8, 2014, asbestos plaintiffs for the first time since 1996 may seek permission from the New York City trial judges to charge the jury on the issue of punitive damages. Until Judge Heitler’s...

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....

Florida Jury Awards $23 Billion In Punitives To Smoker’s Family

PENSACOLA, Fla. — (Mealey’s) A Florida state court jury on July 18 ordered R.J. Reynolds Tobacco Co. to pay more than $23.6 billion in punitive damages to the family of a man who alleged that his death from lung cancer was caused by smoking ( Cynthia Robinson, et al. v. R.J. Reynolds Tobacco...

Florida Jury Awards Smoker $26 Million In COPD Suit Against Philip Morris

FORT MYERS, Fla. — (Mealey’s) A jury in the U.S. District Court for the Middle District of Florida on Sept. 16 awarded $20 million in punitive damages to a woman who alleged that her chronic pulmonary obstructive disease (COPD) was caused by her years of smoking ( Judith Berger v. Philip...

Pennsylvania State Court Jury Awards Plaintiff $2 Million In Actos Bladder Cancer Case

PHILADELPHIA — (Mealey’s) A Pennsylvania state court jury on Oct. 3 awarded an Actos bladder cancer patient $2.05 million in economic and noneconomic damages but declined to award punitive damages ( Frances Wisniewski v. Takeda Pharmaceuticals America Inc., et al. , No. 120702272, Pa. Comm...