Mealey's Tobacco

  • October 25, 2019

    Split Appeals Court Reverses Verdict In Tobacco Case For Jury Instruction Error

    TALLAHASSEE, Fla. — A Florida appeals court on Oct. 24 reversed a $6.4 million verdict against R.J. Reynolds Tobacco Co. in a wrongful death case, finding that the trial court erred in instructing the jury on a conspiracy to commit fraudulent concealment claim (R.J. Reynolds Tobacco Co. v. Linda Prentice, No. 1D17-2104, Fla. App., 1st Dist.).

  • October 18, 2019

    E-Cigarette Distributor, Others Hit With Stock Drop Suit Over IPO Misstatements

    WEST PALM BEACH, Fla. — A shareholder sued a distributor of e-cigarettes, vaporizers and accessories and products containing hemp-derived cannabidiol (CBD) and certain of its executive officers and directors in Florida federal court on Oct. 16, alleging that the defendants failed to disclose in offering documents for an initial public offering (IPO) a major initiative in the City of San Francisco that would severely impede the company’s business and financial success in offering documents in violation of federal securities laws (Randall Mayer v. Greenlane Holdings Inc., et al., No. 19-81411, S.D. Fla.).

  • October 14, 2019

    Florida Jury Links Tobacco To Lung Cancer But Awards No Damages

    JACKSONVILLE, Fla. — A Florida jury on Sept. 24 returned a defense verdict for tobacco company R.J. Reynolds Tobacco Co. after hearing that a man enjoyed smoking and never intended to quit.  The jury found that cigarettes caused a man’s lung cancer but apportioned him 75 percent of the liability and awarded his estate no damages, sources told Mealey Publications (Robert Miller v. R.J. Reynolds Tobacco Co., No. 2008-CA-000401, Fla. 4th Cir., Duval Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • October 14, 2019

    Boston Jury Sides With Smoker, Awards $9,685,414 In Tobacco Case

    BOSTON — A Massachusetts jury on Sept. 26 awarded a woman $9,685,414 after hearing that Philip Morris designed its marketing to lure children into becoming lifelong customers, sources told Mealey Publications (Patricia Greene v. Philip Morris, No. 1581CV01808, Mass. Super., Middlesex Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • October 14, 2019

    Florida Jury Awards $1.35M In Tobacco Case Against Philip Morris

    MIAMI — A Florida jury on Sept. 24 awarded $1.35 million to a man who claimed that he began smoking as a result of tobacco company misrepresentations, sources told Mealey’s Publications (Jorge Del Real v. Philip Morris USA Inc., No 2007-CA-032909, Fla. Cir., Dade Co.).  VIDEO FROM THE TRIAL IS AVAILABLE.

  • October 14, 2019

    R.J. Reynolds, Widow Debate Jury Instructions In Appeal Of New Trial Grant

    WEST PALM BEACH, Fla. — During oral arguments Oct. 8 before a Florida appellate panel, a lawyer representing R.J. Reynolds Tobacco Inc. denied that a trial lawyer committed a “gotcha” move during closing arguments of a trial that resulted in a defense verdict that was later reversed by the trial court judge, with a new trial awarded (R.J. Reynolds Tobacco Co. v. Phyllis Jones, No. 4D18-1132, Fla. App., 4th Dist.).

  • October 14, 2019

    School Districts Sue For Expenses; Developments In Other Vaping Cases

    Litigation over vaping and e-cigarette products continues to heat up as school districts sue e-cigarette manufactures for costs associated with their students using the products and industry groups and states battle over regulations to limit use.

  • October 11, 2019

    E-Cigarette Manufacturers Ordered To Give FTC Sales, Marketing Data

    WASHINGTON, D.C. — The Federal Trade Commission on Oct. 4 ordered six e-cigarette manufacturers to hand over data related to the sales and marketing practices of their products by Jan. 2.

  • October 09, 2019

    Panel Upholds Compelling State To Arbitrate With Tobacco Manufacturers

    ALBUQUERQUE, N.M. — Based on the application of state case law, a trial court did not err in compelling the state of New Mexico to arbitrate its dispute with tobacco manufacturers over nonparticipating manufacturers’ (NPM) adjustment to the tobacco master settlement agreement (MSA), a New Mexico Court of Appeals panel affirmed Sept. 25 (Hector H. Balderas v. Philip Morris, USA, Inc., et al., No. A-1-CA-36199, N.M. App., 2019 N.M. App. Unpub. LEXIS 382).

  • October 09, 2019

    Cigarette Manufacturers Lose Bid To Remove Injury Case To Federal Court

    CHICAGO — A man’s lawsuit that alleges that he contracted laryngeal cancer from smoking cigarettes is headed back to an Illinois state court after a federal judge ruled that cigarette manufacturer defendants failed to prove that the smoker fraudulently joined retailer defendants (Martin Smith v. Philip Morris Inc., et al., No. 18-06397, N.D. Ill., 2019 U.S. Dist. LEXIS 169092).

  • October 08, 2019

    Florida Federal Judge: Plaintiff Lacks Standing In Trademark Row

    TAMPA, Fla. — In a blow to Sream Inc., exclusive licensee of the “RooR” trademark, a federal judge in Florida on Oct. 7 found that only a registrant or its assignee has standing to sue for infringement (RooR International B.V., et al. v. Good Timez III LLC, et al., No. 19-439, M.D. Fla., 2019 U.S. Dist. LEXIS 173283).

  • October 04, 2019

    Chancellor Punts Resolution Of Indemnification Dispute Involving $93M Judgment

    WILMINGTON, Del. — A chancellor of the Delaware Chancery Court on Sept. 23 denied cross-motions for partial judgment on the pleadings filed by cigarette manufacturers that are disputing which party is responsible for a $93 million judgment for unpaid settlement payments, finding that both parties’ reasonable interpretations of a contract would lead to different results (ITG Brands LLC v. Reynolds American Inc., et al., No. 2017-0129, Del. Chanc.).

  • October 03, 2019

    JPMDL Centralizes Juul Suits In Northern District Of California

    WASHINGTON, D.C. — The U.S. Judicial Panel for Multidistrict Litigation (JPMDL) on Oct. 2 agreed to centralize 10 pending cases that allege that an e-cigarette maker created an addictive product that is deceptively marketed to children (In Re:  Juul Labs, Inc., No. 2913, JPMDL).

  • October 01, 2019

    Florida Appeals Court Grants Motion For Attorney Fees In Appeal Of $4.62M Verdict

    TALLAHASSEE, Fla. — A smoker who successfully sued R.J. Reynolds Tobacco Co. for injuries caused by cigarettes saw his motion for attorney fees based on a proposed settlement provisionally granted in a Sept. 25 per curiam opinion by a Florida appeals court (R.J. Reynolds Tobacco Co. v. Bush, No. 18-4043, Fla. App., 1st Dist., 2019 Fla. App. LEXIS 14484).

  • September 20, 2019

    Philip Morris Wins Reversal Of $7.1 Million Verdict; Fraud Claims Tossed

    WEST PALM BEACH, Fla. — A Florida appeals court on Sept. 18 reversed a $7.1 million verdict awarded to a widower who claimed that Philip Morris USA Inc. concealed the harmfulness of smoking, which ultimately led to a woman’s lung cancer and death, remanding the case for a new trial (Philip Morris USA Inc. v. Michael Gentile, as personal representative of the estate of Brenda Gentile, No. 4D18-1439, Fla. App., 4th Dist., 2019 Fla. App. LEXIS 14142).

  • September 16, 2019

    Boston Jury Told Philip Morris Targeted Teens; Disease Isn’t Tobacco Related

    BOSTON — A plaintiff told a Massachusetts jury on Sept. 5 that Philip Morris knew that teenagers were an important demographic for its cigarettes, chose to target them and was proud of how well its efforts worked.  But the company said the plaintiff’s relatively short-term use of its cigarettes and her type of lung cancer suggest other causes of her disease (Patricia Greene v. Philip Morris, No. 1581CV01808, Mass. Super., Middlesex Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • September 16, 2019

    Extension Of Deadlines By FDA Was Valid, Deeming Rule Plaintiffs Say

    WASHINGTON, D.C. — In an Aug. 8 amended complaint, plaintiffs challenging the U.S. Food and Drug Administration’s “Deeming Rule” added a new count seeking a declaration that the FDA’s subsequent 2017 Guidance, which extended compliance deadlines for premarket approval applications and substantial equivalence reports, remains “valid and in effect” (Cigar Association of America Inc., et al. v. U.S. Food and Drug Administration, et al., No. 16-1460, D. D.C.).

  • September 16, 2019

    Jury Returns Defense Verdicts In Tobacco Case Family Pinned On Filter Advertising

    MIAMI — A Florida jury on Aug. 23 returned a verdict for Philip Morris and R.J. Reynolds, after hearing from their attorneys that the man knew of the dangers of tobacco, knew he had to quit and lectured family members not to start smoking cigarettes (Mark Fields v. Philip Morris, et al., No. 2008-CA-1274, Fla. 11th Jud. Cir., Dade Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • September 16, 2019

    Juul Urges JPMDL To Centralize E-Cigarette Cases In San Francisco

    WASHINGTON, D.C. — Juul Labs Inc., the maker of a popular e-cigarette device that is facing at least 34 lawsuits all accusing the e-cigarette maker of creating an addictive product that is deceptively marketed to children, on Aug. 27 urged the U.S. Judicial Panel on Multidistrict Litigation to transfer all cases to the U.S. District Court for the Northern District of California (In Re: Juul Labs, Inc., No. 2913, JPMDL).

  • September 16, 2019

    Philip Morris, Ex-Smoker Spar Over Reversal Of Fraud Claims

    ATLANTA — The 11th Circuit U.S. Court of Appeals should reverse a former smoker’s fraud claims that were part of a $17 million judgment against the tobacco company and remand for a new trial on all other issues, Philip Morris USA Inc. argues in a reply brief filed Aug. 14 (Donna Brown v. Philip Morris USA, Inc., No. 15-13160, 11th Cir.).

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