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Casino Secondhand Smoke Suit Settles For $4.5M

ATLANTIC CITY, N.J. - (AP) A former Atlantic City casino employee has settled his secondhand smoke lawsuit for $4.5 million. Vince Rennich had sued Tropicana Casino and Resort, saying his lung cancer was caused by 25 years of exposure to secondhand smoke inside the casino. Full version available to lexis...

Massachusetts Jury: Firm Gave Black Kids Free Cigarettes

BOSTON - (AP) A jury has ruled the Lorillard Tobacco Co. tried to entice black children to become smokers by handing out free cigarettes and has awarded $71 million in compensatory damages to the estate and son of a woman who died of lung cancer. The Suffolk Superior Court jury. . . . Full version available...

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 . . . ...

Florida Jury Awards Smoker's Widow $4.5 Million But Splits Blame

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 Company, et al. , No. 2008-CA-035457, Fla. Cir...

Duane Morris Alerts and Updates. 2-Disease Rule No More: Pennsylvania Allows Multiple Malignancy Claims

In a decision that impacts all asbestos defendants, the Pennsylvania Supreme Court held that the so-called "two-disease" rule allows plaintiffs in asbestos cases to file multiple malignancy claims. The state Supreme Court affirmed the Pennsylvania Superior Court's decision in Daley v. A...

Florida Appeals Court Vacates $79.2 Million Verdict In Tobacco Death Case

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 , No. 10-6557, Fla. App., 1st Div.). ( Opinion...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (9/4/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: CMS Announces Coverage Change Re TENS Units Included With WCMSA Proposals . SSA Issues New Rules on...

Why the Fuss About Vapor Intrusion When We Have Such a Radon Gas Problem?

By Lawrence Schnapf, Principal, Schnapf LLC Ten years ago this month EPA issued is draft Vapor Intrusion Guidance that altered the approach to site remediation. The guidance was issued following a couple of high profile sites where relatively low concentrations of volatile organic compounds in...

Florida Federal Jury Finds Former Smoker Did Not Meet Engle Class Standard

MIAMI — (Mealey’s) A federal jury in Florida found for Philip Morris USA Inc. and Lorillard Group LLC Oct. 29 and against the estate of a smoker who died of lung cancer in 2001 ( Ronnie L. Jacobson, et al. v. Philip Morris USA Inc., et al. , No. 1:12-cv-23781, S.D. Fla.). ( Verdict slip...

Asbestos Litigation, Attorney Advertising & Bankruptcy Trusts: The Economic Incentives Behind The New Recruitment Of Lung Cancer Cases

By Marc C. Scarcella, Peter R. Kelso, and Joseph Cagnoli, Jr. [Editor's Note: Marc C. Scarcella and Peter R. Kelso, Managers at the Washington, D.C., office of Bates White Economic Consulting. Joseph Cagnoli, Jr., Shareholder in the Philadelphia office of Segal McCambridge Singer & Mahoney...

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...

Mealey’s PI/Product Liability — Plaintiff, Tobacco Companies Outline Evidence In Florida Laryngeal Cancer Case

FORT LAUDERDALE, Fla. — (Mealey’s) Plaintiff and defense attorneys on Aug. 11 laid out the evidence they expect to present to a jury in the Broward County, Fla., 17th Circuit Court in a suit alleging that a 62-year-old woman’s laryngeal and lung cancer was caused by years of smoking...

Florida Woman Testifies About Unsuccessful Attempts To Quit Smoking (Watch The Video)

FORT LAUDERDALE, Fla — (Mealey’s) A Florida woman who alleges that her laryngeal and lung cancer was caused by years of smoking cigarettes testified Aug. 22 that she made numerous attempts to quit but was unsuccessful until her laryngectomy made it physically impossible for her to smoke ...

Parties Offer Opening Statements In Florida Lung Cancer Suit (Watch The Videos)

MIAMI — (Mealey’s) The attorney for the widow of a man who died of lung cancer after smoking for more than 45 years told a jury in the Florida 11th Judicial Court on Oct. 31 that his client’s husband “needed to smoke” because he was addicted to nicotine ( Diane Schleider...

Florida Jury Awards $450,000 In Punitives To Daughter of Smoker (Watch The Closing Statement Videos)

BRONSON, Fla. — (Mealey’s) The daughter of a smoker who died of lung cancer was awarded $450,000 in punitive damages Nov. 12 by a jury in Florida’s Eighth Judicial Circuit Court in a trial limited to the redetermination of damages following the striking of an earlier award of almost...

North Carolina: Average Weekly Wage Computation Must Be Just to Both Parties

Construing a statutory provision that describes how an injured employee’s average weekly wage should be computed, a North Carolina appellate has affirmed a determination by the state’s Industrial Commission that based an award of death benefits on the wages the deceased employee earned during...

Florida Jury Awards $21 Million To Widow Of Smoker With Lung Cancer (Watch Closing Arguments Video Excerpts)

MIAMI — (Mealey’s) A jury in Florida’s 11th Judicial Circuit Court returned a $21 million verdict Nov. 18 for the widow of a man who died of lung cancer after smoking for 45 years ( Diane Schleider, et al. v. R.J. Reynolds Tobacco Co. , No. 13-2013-CA-006984, Fla. 11th Jud. Cir., Dade...

Florida Jury Awards $13 Million To Widow Of Longtime Smoker (Watch The Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A Florida state court jury awarded $3 million in punitive damages March 25 to the widow of a man who died of lung cancer after smoking for approximately 50 years ( Rose Pollari, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 14-001563CA19, Fla. 17th Jud...

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...

Florida Jury Hears Openings In Trial Of Suit Filed By Widower Of Longtime Smoker (Watch The Opening Argument Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way in Florida state court on June 23 with opening statements in a suit alleging that a woman’s death from lung cancer and other smoking-related diseases was caused by her addiction to cigarettes ( John McCoy, et al. v. R.J. Reynolds...

Florida Jury Awards $1.5 Million To Smoker’s Widower, Begins Considering Punitive Damages (Watch Video Excerpts Of The Closing Statements)

FORT LAUDERDALE, Fla. — (Mealey’s) A Florida state court jury on July 13 awarded $1.5 million to the widower of a woman who died of lung cancer after years of smoking ( John McCoy, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 2008-CV-025806 (19), Fla. 17th Jud. Cir., Broward Co.). ...

Florida Jury Adds $9 Million Punitive Award To $1.5 Million In Compensatory Damages (Watch The Opening, Closing Argument Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) A Florida state court jury on July 17 awarded $9 million in punitive damages — $3 million each against R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Lorillard Tobacco Co. — to the widower of a woman who died of lung cancer after years...

Florida Jury Hears Openings In Suit By Family Of Smoker Who Died Of Lung Cancer (Watch The Opening Statements Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way with opening statements on July 22 in a suit alleging that a woman’s death from lung cancer was caused by her 52 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. ( Lillian Kaplan v. R.J. Reynolds Tobacco Co...

Florida Jury Awards $1 Million To Estate Of Longtime Smoker Who Died Of Lung Cancer (Watch The Opening, Closing Statements Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A state court jury awarded $1,028,000 Aug. 7 to the estate of a woman who developed constructive obstructive pulmonary disease (COPD) and lung cancer after 52 years of smoking ( Lillian Kaplan v. R.J. Reynolds Tobacco Co. , No. 08-19469, Fla. 17th Jud. Cir...

West Virginia: Deliberate Intent Suit Against Employer Fails

In a memorandum decision, the Supreme Court of Appeals of West Virginia held that a state trial court appropriately dismissed a deliberate intent suit filed by the personal representative of a deceased worker against the former employer where the representative contended that the worker’s death...