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Minnesota Panel Lets Marlboro Lights Class Action Proceed

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, reversing in part a lower court's dismissal of...

Federal Judge Denies Marlboro Medical Monitoring Class

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 and James Franklin, et al. v. Philip Morris...

Oregon Appeals Court Reinstates, Remands 'Light' Cigarette Claims

SALEM, Ore. - (Mealey's) The Oregon Court of Appeals has reinstated a putative class of Marlboro Light cigarette smokers who say they suffered an economic loss because the cigarettes were no safer than regular Marlboros, saying June 19 that the trial judge erred in rejecting the superiority of class...

Florida High Court Says Statute Of Repose Does Not Bar Engle Fraud Claims

TALLAHASSEE, Fla. — (Mealey’s) A plaintiff seeking to assert a fraudulent concealment claim in an Engle progeny suit is not required to prove reliance on statements made by the defendant tobacco company within the 12-year statute of repose period leading up to the May 5, 1994, filing of the...

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 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...