Litigation

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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

Arizona Jury Awards $2.5 Million To Estate Of Nursing Home Resident (Watch The Video Excerpts Of Opening, Closing Statements)
Posted on 28 May 2015 by Maureen McGuire

PHOENIX — (Mealey’s) An Arizona state court jury on May 22 awarded $2.5 million to the estate of a woman who contracted Methicillin-resistant Staphylococcus aureus (MRSA) after developing a bedsore while in a nursing home ( The Estate of Doris... Read More

Wife Not Liable for Husband’s Circumvention of Ignition Interlock Device
Posted on 5 Apr 2016 by Gabriela Nolen

A wife was not liable in a wrongful death case after her husband, who was required to have an interlock device on his car, drove her car which did not have such a device, and killed another driver. The Court of Appeals of Louisiana had to determine... Read More

Deceased Smoker’s Daughter Testifies About His Smoking In Florida Wrongful Death Case (Watch The Video)
Posted on 21 Aug 2014 by Maureen McGuire

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... Read More

Tobacco Companies Say Smoker Was Not Addicted In Florida Case Closings (Watch The Video)
Posted on 28 Aug 2014 by Maureen McGuire

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... Read More

California Jury Rules For Defense In Benzene Wrongful Death Case
Posted on 11 Feb 2011 by Michael Lefkowitz

LOS ANGELES -- A California Superior Court jury on Feb. 10 returned a verdict for the defense in a suit alleging that exposure to solvents including benzene caused a Los Angeles-area worker's death of acute myelogenous leukemia (AML), saying that... Read More

Deceased Smoker’s Daughter Testifies About Quitting Smoking Attempts In Florida Case (Watch The Video)
Posted on 22 Aug 2014 by Maureen McGuire

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... Read More

Florida Appeals Court Vacates Punitive Damages, Allows Compensatories, In Tobacco Case
Posted on 15 Aug 2013 by Michael Lefkowitz

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... Read More

Florida Appeals Court Rules $40.8 Million Award Excessive In Tobacco Case
Posted on 14 Feb 2012 by Michael Lefkowitz

TALLAHASSEE, Fla. - (Mealey's) A Florida appeals court on Feb. 14 overturned a $40.8 million punitive damages verdict in a tobacco wrongful death case as excessive but let stand a $10.8 million award of compensatory damages, the highest so far in... Read More

Ballard Spahr LLP: Arbitration Enforcement Trend Continues At Supreme Court
Posted on 24 Feb 2012 by Ballard Spahr LLP

By the Consumer Financial Services Group For the fourth time in less than a year, the U.S. Supreme Court has championed the "emphatic federal policy in favor of arbitral dispute resolution" and vacated a state appellate court's decision... Read More

Closing Arguments Center On ‘Addiction’ Issue In Florida Smoking Case (Watch the Video)
Posted on 27 Aug 2014 by Maureen McGuire

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... Read More

Vaccine Design Defect, Warning Claims By Parents Are Preempted, 9th Circuit Says
Posted on 27 Sep 2012 by LexisNexis Litigation Resource Community Staff

SAN FRANCISCO - (Mealey's) The Ninth Circuit U.S. Court of Appeals on Sept. 25 said design defect and failure-to-warn claims filed by the parents of a child who died after getting vaccinated are preempted by the federal vaccine law, but noted that... Read More

Florida Appeals Court Vacates $79.2 Million Verdict In Tobacco Death Case
Posted on 10 Apr 2012 by Michael Lefkowitz

TALLAHASSEE, Fla. - (Mealey's) A $79.2 million verdict on behalf of the daughter of a smoker who died from lung cancer was vacated as excessive on April 9 by the First District Florida Court of Appeal ( R.J. Reynolds Tobacco Company, v. Diane Webb... Read More

Utah Appellate Court Permits Plaintiff To Sue Herself
Posted on 24 Feb 2015 by LexisNexis Legal Newsroom Staff

The Utah Third District Court, Salt Lake Department, recently considered the case of Bagley v. Bagley , 2015 UT App 33, 2015 Utah App. LEXIS 32 (Utah Ct. App. 2015) , where an heir and personal representative filed a survival and wrongful death lawsuit... Read More