Panel Affirms $5M Verdict, Upbraids Plaintiff’s Counsel For ‘Improper’ Closings

Mealey's (December 10, 2020, 4:26 PM EST) -- WEST PALM BEACH, Fla. — A Florida appellate panel on Dec. 9 affirmed a jury verdict of more than $5 million to a smoker’s widower against two tobacco companies but wrote at length to critique “egregiously improper closing arguments” by plaintiff’s counsel, including “oblique” comparisons of the tobacco companies to Nazis, and while finding that the arguments did not warrant reversal emphatically stated that such arguments should not be made by counsel or allowed by trial court judges (R.J. Reynolds Tobacco Co., et al. v. Myron Kaplan, No. 4D18-2880, Fla. App., 4th Dist., 2020 Fla. App. LEXIS 17519)....