Litigation

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Izzarelli v. R.J. Reynolds Tobacco Co., 2011 U.S. Dist. LEXIS 95942 (D. Conn., 2011)
Posted on 30 Aug 2011 by LexisNexis Litigation Resource Community Staff

R.J. Reynolds Tobacco Company was denied a new trial or judgment as a matter of law after a 37-year-old smoker with larynx cancer was awarded $11,952,539 against it on claims of strict liability and negligence. The "heightened addictive properties... Read More

Smoker Gets Punitive Damages Award 16 Times Compensatory Damages
Posted on 6 Sep 2011 by Dave Tate

In Bullock v. Philip Morris (California Court of Appeal, Second District, Case No. B222596) the court affirmed a punitive damage award that is 16 times compensatory damages. The jury ultimately awarded Bullock $850,000 in compensatory damages and... Read More

N.J. Jury Finds Novartis Didn't Fail To Warn About Jaw Risk From Aredia, Zometa Bone Drugs
Posted on 7 Oct 2010 by Tom Moylan

NEW BRUNSWICK, N.J. -- A New Jersey state court jury on Oct. 6 found that Novartis Pharmaceuticals Corp. did not fail to provide adequate warning to a cancer patient's doctor that its bone-saving drugs Aredia and Zometa had a risk of osteonecrosis... 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

Teenage Girl Ordered to Undergo Chemotherapy Treatment
Posted on 20 May 2015 by LexisNexis Legal Newsroom Staff

Pathological tests showed conclusively that Cassandra, a seventeen-year-old girl, was suffering from Hodgkin's lymphoma, a type of cancer that was invariably fatal if not treated, but that had a high probability of cure if treated in a timely manner... Read More

Florida Judge Declares Mistrial In Tobacco Case Because Of Witness Statement (Watch The Videos)
Posted on 29 Sep 2014 by Maureen McGuire

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... Read More

Supreme Court Rules Vaccine Lawsuits Are Federally Preempted
Posted on 22 Feb 2011 by Tom Moylan

WASHINGTON, D.C. --(Mealey's) A 6-2 U.S. Supreme Court majority on Feb. 22 ruled that the National Childhood Vaccine Injury Act of 1986 (NCVIA) preempts tort claims asserting design defect against vaccine manufacturers ( Russell Bruesewitz, et al... Read More

Florida Jury Awards $250,000 In Post-Engle Punitive Damages
Posted on 14 Feb 2011 by Michael Lefkowitz

TAMPA, Fla. -- After awarding $100,000 in compensatory damages to a longtime smoker who had his larynx and part of his tongue removed as a result of laryngeal cancer, a Florida jury on Feb. 11 added $250,000 in punitive damages against R.J. Reynolds Tobacco... 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

California Appeals Court Affirms $8 Million Benzene Injury Verdict
Posted on 22 Feb 2011 by Michael Lefkowitz

SAN FRANCISCO -- (Mealey's) A California appeals court has affirmed an $8 million judgment to a seaman who blamed benzene exposure aboard oil tankers for the loss of a kidney to cancer, saying Feb. 18 that scientific certainty is not required for... Read More

Parties Dispute Nicotine Addiction Issue In Florida Suit’s Opening Statements (Watch The Videos)
Posted on 29 Sep 2014 by Maureen McGuire

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... Read More

Federal Judge Denies Marlboro Medical Monitoring Class
Posted on 19 Apr 2011 by Michael Lefkowitz

SAN FRANCISCO - (Mealey's) A California federal judge denied class certification and court-ordered cancer screenings for long-time Marlboro smokers on April 18 and dismissed all claims except design defect and negligent design and testing ( Burt Xavier... Read More

3rd Circuit Finds Class Action Inappropriate In Vinyl Chloride Exposure Case
Posted on 22 Sep 2011 by Thomas H. Clarke, Jr.

In Gates v. Rohm & Haas Co. et al , 2011 U.S. App. LEXIS 17756 (3rd. Cir.: 8/25/11), Plaintiffs were residents of a primarily residential area of approximately 2,000 people and 400 homes. Defendant chemical companies owned and operated a facility... Read More

Verdict Goes RJR’s Way In Latest Engle Progeny Trial
Posted on 27 Aug 2010 by Gerald C. Matics

FORT LAUDERDALE, Fla. - (Mealey's) On Aug. 26, a Florida jury returned a verdict of no liability for a cigarette company that was sued by the son of a deceased smoker in the latest Engle progeny case, one of only a handful of defense verdicts to date... Read More

Lorillard Says It's Not Liable For Smoker's Addiction
Posted on 17 Aug 2010 by LexisNexis Litigation Resource Community Staff

BOSTON - (AP) A Boston judge delayed ruling Monday on Lorillard Tobacco Co.'s request to reject a lawsuit that accuses the nation's third-largest tobacco company of targeting black youth in its cigarette marketing. Judge Linda Giles of Suffolk... Read More