Missouri: Young Woman Who Won’t Quit Smoking Awarded Permanent Total

Attention Lexis Online Subscribers: Case citations link to lexis.com. Bracketed case citations link to Lexis Advance. A 33 year old woman in Marion County hurt her back lifting a box of books, had back surgery and asserts she was unable to work due to nonunion and intractable back pain. The issue...

Liggett Announces $110 Million Settlement Of Florida Tobacco Litigation

MIAMI — (Mealey’s) The nation’s third largest tobacco manufacturer announced Oct. 23 that it will pay $110 million to settle thousands of Engle progeny tobacco litigation cases asserting death and injury in Florida state and federal courts. Vector Group Ltd. and subsidiary Liggett...

cigarettes in ashtray

State Net Capitol Journal: With D.C. Stalled, More States Ponder Regulating E-Cigarettes

By Rich Ehisen The use of electronic cigarettes — battery powered devices that look like a traditional cigarette or cigar but which allow smokers to inhale flavored nicotine in a vapor form that uses no tobacco and produces no secondhand smoke — is booming. But with no definitive scientific...

FDA Announces Ban On Chinese Company’s ‘Bidi’ Type Cigarettes

ROCKVILLE, Md. — (Mealey’s) For what it says is the first time since the Family Smoking Prevention and Tobacco Control Act became law in 2009, the U.S. Food and Drug Administration on Feb. 21 ordered an end to the sale in the United States of a Chinese company’s “bidi” tobacco...

Health Behaviors Contribute to Socioeconomic Differences in Mortality

Money Can’t Buy Happiness, But It May Help You Live Longer The panoply of interrelated research on longevity appears to be coalescing around a consensus that socioeconomic status (“SES”) is an important indicator of life expectancy. Data suggests that those on the lowest rungs of...

Kansas: To Bar Recovery, Drug Impairment Must Be Contemporaneous With Onset of Injury or Condition

A Kansas appellate court held that the state’s statutory provision barring workers’ compensation benefits to “impaired” workers, K.S.A. 2010 Supp. 44-501(d)(2), requires the employer to prove the worker was impaired at the time of the injury and also that the impairment contributed...

Illinois Appeals Court Reinstates $10 Billion ‘Light’ Cigarettes Verdict

MOUNT VERNON, Ill. — (Mealey’s) A $10.1 billion consumer fraud verdict stemming from Philip Morris USA Inc.’s marketing of “light” cigarettes was reinstated April 29 by Illinois' Fifth District Appellate Court ( Sharon Price, et al. v. Philip Morris Inc. , No. 5-13-0017...

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....

Mealey’s PI/Product Liability — Plaintiff, Tobacco Companies Outline Evidence In Florida Laryngeal Cancer Case

FORT LAUDERDALE, Fla. — (Mealey’s) Plaintiff and defense attorneys on Aug. 11 laid out the evidence they expect to present to a jury in the Broward County, Fla., 17th Circuit Court in a suit alleging that a 62-year-old woman’s laryngeal and lung cancer was caused by years of smoking...

Deceased Smoker’s Daughter Testifies About His Smoking In Florida Wrongful Death Case (Watch The Video)

FORT LAUDERDALE, Fla — (Mealey’s) The daughter of a deceased smoker testified in a wrongful death action in state court Aug. 19 that her father “was always smoking” and “was always trying to quit” ( Heather Irimi, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 2008...

Deceased Smoker’s Daughter Testifies About Quitting Smoking Attempts In Florida Case (Watch The Video)

FORT LAUDERDALE, Fla.— (Mealey’s) The daughter of a deceased smoker testified in a wrongful death action in Florida’s 17th Judicial Court for Broward County Florida on Aug. 20 that her father was unable to quit smoking because he was addicted to cigarettes ( Heather Irimi, et al. v...

Florida Woman Testifies About Unsuccessful Attempts To Quit Smoking (Watch The Video)

FORT LAUDERDALE, Fla — (Mealey’s) A Florida woman who alleges that her laryngeal and lung cancer was caused by years of smoking cigarettes testified Aug. 22 that she made numerous attempts to quit but was unsuccessful until her laryngectomy made it physically impossible for her to smoke ...

Closing Arguments Center On ‘Addiction’ Issue In Florida Smoking Case (Watch the Video)

FORT LAUDERDALE, Fla. — (Mealey’s) Closing arguments got under way Aug. 26 in Florida’s 17th Judicial Circuit Court for Broward County in a suit alleging that a longtime smoker’s March 2013 death was caused by smoking cigarettes ( Heather Irimi, et al. v. R.J. Reynolds Tobacco...

Tobacco Companies Say Smoker Was Not Addicted In Florida Case Closings (Watch The Video)

FORT LAUDERDALE, Fla. — (Mealey’s) Closing statements by attorneys for three tobacco companies wrapped up on Aug. 27 in the Florida 17th Judicial Circuit Court for Broward County in a suit alleging that a longtime smoker’s death in March 2013 was caused by his smoking ( Heather Irimi...

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...

Florida Judge Declares Mistrial In Tobacco Case Because Of Witness Statement (Watch The Videos)

VIERA, Fla. — (Mealey’s) A state court judge sitting in the Brevard County, Fla., 18th Judicial Circuit Court entered a mistrial on Sept. 26 after two weeks of trial in a wrongful death action brought by the widow of a longtime smoker because of a comment made by an expert witness for the...

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...

Parties Offer Opening Statements In Florida Lung Cancer Suit (Watch The Videos)

MIAMI — (Mealey’s) The attorney for the widow of a man who died of lung cancer after smoking for more than 45 years told a jury in the Florida 11th Judicial Court on Oct. 31 that his client’s husband “needed to smoke” because he was addicted to nicotine ( Diane Schleider...

Florida Jury Awards $521,000 In Punitives To Smoker With COPD (Watch The Video)

JACKSONVILLE, Fla. — (Mealey’s) A woman who alleged that her chronic obstructive pulmonary disease (COPD) and peripheral vascular disease (PVD) were caused by smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. was awarded $521,345.08 in punitive damages by a jury in Florida’s...

Florida Jury Awards $450,000 In Punitives To Daughter of Smoker (Watch The Closing Statement Videos)

BRONSON, Fla. — (Mealey’s) The daughter of a smoker who died of lung cancer was awarded $450,000 in punitive damages Nov. 12 by a jury in Florida’s Eighth Judicial Circuit Court in a trial limited to the redetermination of damages following the striking of an earlier award of almost...

Florida Jury Awards $21 Million To Widow Of Smoker With Lung Cancer (Watch Closing Arguments Video Excerpts)

MIAMI — (Mealey’s) A jury in Florida’s 11th Judicial Circuit Court returned a $21 million verdict Nov. 18 for the widow of a man who died of lung cancer after smoking for 45 years ( Diane Schleider, et al. v. R.J. Reynolds Tobacco Co. , No. 13-2013-CA-006984, Fla. 11th Jud. Cir., Dade...

Florida Jury Awards Smoker’s Family $3M, Will Consider Punitive Damages Next (Watch Closing Arguments Video Excerpts)

JACKSONVILLE, Fla. — (Mealey’s) A jury in Florida’s Fourth Judicial Circuit Court for Duval County on Nov. 24 awarded a total of $3,094,000 to the family of a woman who alleged that her death from chronic obstructive pulmonary disease (COPD) was caused by her 35 years of smoking ( Andy...

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...