Litigation

Recent Posts

Jury Gives Florida Smoker's Widow Fraction Of Punitive Damages She Sought
Posted on 20 Aug 2010 by Gerald C. Matics

WEST PALM BEACH, Fla. - (Mealey's) A Florida jury on Aug. 19 handed a smoker's widow $270,000 in punitive damages, two weeks after awarding her a net $2.2 million compensatory award; the amount of punitive damages is far less even than that suggested... Read More

Illinois High Court Won't Block Reopening Of $10.1 Billion Light Cigarette Case
Posted on 29 Sep 2011 by Michael Lefkowitz

SPRINGFIELD, Ill. - (Mealey's) The Illinois Supreme Court on Sept. 28 declined to hear Philip Morris Inc.'s appeal of an intermediate appeals court ruling that reopens a case that resulted in a $10.1 billion verdict against the tobacco giant for... Read More

Federal Judge Rejects Marlboro Smokers' Medical Monitoring Claims
Posted on 18 Jan 2011 by Michael Lefkowitz

BROOKLYN, N.Y. - (Mealey's) A New York federal judge on Jan. 13 dismissed a lawsuit by Marlboro smokers seeking certification of a class to require Philip Morris USA to pay for medical monitoring, saying that because all cigarettes are dangerous,... Read More

$1.9M Tobacco Verdict Reversed By Florida Appeals Court On Statute Of Limitations
Posted on 23 Feb 2012 by Tom Moylan

WEST PALM BEACH, Fla. - (Mealey's) A Florida state appeals court panel on Feb. 22 reversed a $1.9 million tobacco death judgment against Philip Morris USA Inc., saying that a jury's answer about when a deceased plaintiff knew about her injury... Read More

Minnesota Supreme Court Says Tobacco Settlement Bars 'Light Cigarette' Suit
Posted on 31 May 2012 by Michael Lefkowitz

ST. PAUL, Minn. - (Mealey's) The Master Settlement Agreement (MSA) between 46 states and major tobacco companies precludes private suits for wrongful conduct occurring even after the settlement's 1998 execution, a divided Minnesota Supreme Court... Read More

Florida Jury Awards Smoker's Widow $4.5 Million But Splits Blame
Posted on 14 Apr 2011 by Michael Lefkowitz

WEST PALM BEACH, Fla. - A Florida jury awarded $4.5 million to the 87-year-old widow of a longtime smoker April 13, but tempered her eventual compensation by assigning nearly half of the responsibility to the decedent ( Mary Tullo v. R.J. Reynolds Tobacco... Read More

Reference To Nazi Gets Judge Booted From Florida Tobacco Trial
Posted on 5 Sep 2012 by Michael Lefkowitz

TALLAHASSEE, Fla. - (Mealey's) A Florida judge who compared a former tobacco company chief executive officer to a Nazi war criminal was disqualified by the state's First District Court of Appeal Sept. 5 from presiding over a tobacco case ( Philip... Read More

Florida Jury Awards 2nd Post-Engle Smoker Verdict, $86,000
Posted on 17 Feb 2011 by Michael Lefkowitz

FORT LAUDERDALE, Fla. -- For the second time in a week, a Florida jury on Feb. 15 found for a post- Engle tobacco plaintiff but issued a relatively small award of compensatory damages ( Despinda Hatziyannakis, as Personal Representative of Christos Hatziyannakis... Read More

William A. Ruskin: New York State Court Of Appeals: Injury Required For Medical Monitoring
Posted on 2 Jan 2014 by William A. Ruskin

By William A. Ruskin | In a landmark decision, the NYS Court of Appeals rejected medical monitoring claims in the absence of a physical injury in Caronia v. Philip Morris , No. 227, slip op. (N.Y. Dec. 17, 2013) [ enhanced opinion available to lexis... Read More

Smoker Wasn't Addicted, Fla. Jury Finds In Awarding Verdict To Tobacco Companies
Posted on 7 Oct 2010 by Gerald C. Matics

BRADENTON, Fla. -- Jurors in a Florida circuit court on Oct. 6 capped a retrial in an Engle progeny case with a defense verdict, finding that the plaintiff was not addicted to smoking the defendant tobacco companies' cigarettes; the verdict extends... Read More

Florida Jury: Philip Morris Not Negligent; Plaintiff Did Not Show Reliance
Posted on 15 Nov 2010 by Michael Lefkowitz

FORT LAUDERDALE, Fla. -- (Mealey's) A Florida circuit court jury handed Philip Morris USA its sixth straight victory in an Engle progeny case Nov. 12, finding that the plaintiffs did not show reliance on the part of the decedent or negligence on the... Read More

Minnesota Panel Lets Marlboro Lights Class Action Proceed
Posted on 30 Dec 2010 by Michael Lefkowitz

MINNEAPOLIS - (Mealey's) A lawsuit alleging that Philip Morris USA used deceptive trade practices and false advertising to market its Marlboro Lights cigarettes may proceed in Minnesota as a class action, the state Court of Appeals ruled Dec. 28,... Read More

Jury Rules For Philip Morris In 1st Federal Post-Engle Trial
Posted on 17 Feb 2012 by Michael Lefkowitz

JACKSONVILLE, Fla. - (Mealey's) A Florida federal court jury found for the defense Feb. 16 in the first federal tobacco trial based on the Florida Supreme Court's landmark ruling in Engle v. Liggett Group, Inc. (945 So.2d 1246 [Fla. Sup. 2006... Read More

Florida Smoker's Widow Gets $2.2 Million In Compensatory Damages; Punitives To Follow
Posted on 6 Aug 2010 by Gerald C. Matics

WEST PALM BEACH, Fla. - (Mealey's) A Florida jury on Aug. 5 awarded $2.2 million in compensatory damages against a pair of tobacco companies to the widow of a smoker who died of small-cell lung cancer attributed to its products, finding that the smoker's... Read More

Florida Jury Awards Smoker $1 Million But Finds Her 70 Percent Liable For Injury
Posted on 9 Apr 2011 by Michael Lefkowitz

DELAND, Fla. - (Mealey's) A Florida circuit court jury awarded $1 million to a 77-year-old Daytona Beach, Fla., woman on April 7 but also found her 70 percent responsible for her lung cancer ( Stella Koballa, et al. v. Philip Morris USA, Inc., et... Read More