LexisNexis® Legal Newsroom
Florida High Court: Insured’s Assignee Cannot Recover $4 Million As Bad Faith Damages

TALLAHASSEE, Fla. - (Mealey's) An employer's liability insurer's actions neither caused the damages claimed by an insured nor resulted in exposure of the insured to liability in excess of the policy limits of three policies issued to the insured, the Florida Supreme Court held May 6, answering...

High Court: Florida Supreme Court's Beachfront Property Ruling Not Unconstitutional Taking

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 17 unanimously affirmed a Florida Supreme Court ruling that the Florida Beach and Shore Preservation Act does not unconstitutionally deprive beachfront property owners of shoreline rights without just compensation ( Stop the Beach Renourishment...

11th Circuit: More Inquiry Into Engle Jury's Finding Needed

ATLANTA - (Mealey's) Florida federal courts presiding over Engle progeny cases must do more work to identify precisely what the Phase I trial findings of the Engle jury mean before deciding the extent to which they have res judicata effect in establishing elements of the individual plaintiffs'...

Florida Smoker's Widow Gets $2.2 Million In Compensatory Damages; Punitives To Follow

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 addiction was the legal cause of his death...

Florida Smoker's Addiction Didn't Cause Disease, Death, Jury Finds

JACKSONVILLE, Fla. - (Mealey's) A Florida jury found Oct. 4 that a pair of tobacco companies were not responsible for the disease and death of a longtime smoker, despite finding that she was addicted to cigarettes; the victory is one of only a handful for the tobacco industry since the Engle progeny...

Smoker Wasn't Addicted, Fla. Jury Finds In Awarding Verdict To Tobacco Companies

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 a recent string of victories for the defendants...

Florida Jury Awards $250,000 In Post-Engle Punitive Damages

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 Co. in a post- Engle case ( Leroy Kirkland...

Florida Ruling Big Tobacco Won Is Coming Back To Bite It

MIAMI - (AP) A Florida Supreme Court ruling that threw out a $145 billion award against cigarette makers is biting Big Tobacco back, making it dramatically easier for thousands of smokers to sue and turning the state into the nation's hot spot for damage awards. The 2006 ruling has helped . . . ...

Bipartisan Lawsuit Says Florida Must Take Rail Money

TALLAHASSEE, Fla. - (AP) Two state senators, one a Democrat and the other a Republican, asked the Florida Supreme Court on Tuesday to order Gov. Rick Scott to accept $2.4 billion in federal stimulus funds for a high speed rail project. Sens. Thad Altman, a Viera Republican, and Arthenia Joyner, a Tampa...

Florida Supreme Court: Governor Can Reject Rail Funding

TALLAHASSEE, Fla. - (AP) U.S. Transportation Secretary Ray LaHood announced Friday that $2.4 billion in high-speed rail funding intended for Florida will be sent to other states after the state Supreme Court upheld Gov. Rick Scott's decision to reject the money. The Republican governor's decision...

Ballard Spahr LLP Alert: Florida Supreme Court Rules State Vicarious Liability Law Preempted

By the Ballard Spahr Consumer Financial Services Group The Florida Supreme Court has ruled in Vargas v. Enterprise Leasing Company that the State law imposing vicarious liability on short-term car lessors is preempted by the federal Graves Amendment. The Graves Amendment is a provision of the Safe...

Florida Supreme Court Upholds $2.5 Million Verdict In Engle Tobacco Case

TALLAHASSEE, Fla. - (Mealey's) Florida's Supreme Court on March 14 affirmed, with one dissent, a trial court's application of its landmark decision in Engle v. Liggett Group, Inc. (945 So. 2d 1246 [Fla. 2006]) [ enhanced version available to lexis.com subscribers ] in a $2.5 million verdict...

Florida High Court Strikes Down Statutory Caps On Medical Malpractice Noneconomic Damages In Wrongful Death Cases

On March 13, 2014, the Florida Supreme Court issued a ground-breaking decision on an issue that has plagued plaintiffs’ lawyers for years – statutory caps on non-economic damages in medical malpractice cases. Estate of McCall v. United States, 2014 Fla. LEXIS 933 (Fla. Mar. 13, 2014 ) The...

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 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...

2nd Jury Hears Openings In Tobacco Suit Halted By Florida Supreme Court’s Rulings (Watch Opening Statement Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) Opening statements got under way April 10 — for the second time in less than two weeks — in an Engle progeny suit in which a mistrial was declared just two hours after the Florida Supreme Court handed down two rulings on the standard of proof...

Jurors Hear Openings In Retrial Of Suit After Florida High Court Ruling (Watch The Videos Of The Opening Statements)

MIAMI — (Mealey’s) Trial got under way in the Florida 11th Judicial Circuit Court with opening statements April 10 in a suit that was the subject of a Florida Supreme Court ruling eight days earlier resolving a conflict among the state appellate courts on the standard of proof for claims...

Florida Jury Awards $46.5 Million To Longtime Smoker With COPD (Watch The Closing Argument Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A state court jury awarded $25 million in punitive damages April 21 to a man who alleged that his chronic obstructive pulmonary disease (COPD) was caused by his 40 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. ( Thomas Ryan v. R.J...

Florida Jury Returns Verdict For Reynolds, Philip Morris In COPD Suit (Watch The Closing Arguments Videos)

MIAMI — (Mealey’s) A Florida state court jury returned a defense verdict April 23 in a suit alleging that a woman’s chronic pulmonary disease (COPD) and death were caused by her more than 30 years of smoking cigarettes manufactured by Philip Morris USA Inc. and R.J. Reynolds Tobacco...

Florida Jury Says Smoker Not Addicted, Returns Defense Verdict (Watch Video Excerpts Of The Closing Statements)

PENSACOLA, Fla. — (Mealey’s) A Florida state court jury returned a defense verdict May 21 in a suit alleging that the death of a former smoker from chronic obstructive pulmonary disease (COPD), coronary artery disease and peripheral vascular disease was caused by his years of smoking ( Ethel...