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Mealey's Tobacco

  • September 24, 2018

    Florida Supreme Court Reinstates $20 Million Award In Engle-Progeny Case

    TALLAHASSEE, Fla. — A Florida appeals court erred when it created a bright-line cap on the amount of noneconomic damages available to adult, financially independent children who prevail on wrongful death claims in Engle progeny cases, a divided Florida Supreme Court ruled Sept. 20 (Gwendolyn E. Odom v. R.J. Reynolds Tobacco Co., No. SC17-563, Fla. Sup., 2018 Fla. LEXIS 1703).

  • September 21, 2018

    Punitives Denied, But Phase I Damages Awarded In Florida Tobacco Case

    FORT LAUDERDALE, Fla. — R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. on Sept. 18 were ordered by a Florida jury to pay $1 million to a plaintiff for the loss of his mother’s companionship following her death from chronic obstructive pulmonary disease (COPD) (Marc Simon v. R.J. Reynolds Tobacco Co. et al., No. 2007-CV-027976, Fla. 17th. Jud. Cir., Broward Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • September 20, 2018

    Daughter Of Smoker Wins $6.5 Million, But Father Largely Held Responsible

    MIAMI — Jurors empaneled in Florida’s 11th Judicial Circuit Court for Miami-Dade County on Sept. 18 awarded an Engle progeny plaintiff $6.5 million in connection with her claim that R.J. Reynolds Tobacco Co. conspired to conceal the effects of smoking from her father (Hanifah Harewood v. R.J. Reynolds Tobacco Company, No. 07-46331-CA-02, Fla. Cir., 11th Jud. Cir., Miami-Dade Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • September 14, 2018

    Florida Panel Defines Residency Requirement For Engle Progeny Cases

    MIAMI — In what it deemed an issue of first impression, Florida’s Third District Court of Appeal on Sept. 12 concluded that the phrase “[a]ll Florida citizens and residents” as it appears in R.J. Reynolds Tobacco Co. v. Engle, 672 So. 2d 39, 40 (Fla. 3d DCA 1996) (Engle I), requires a showing that at the time of manifestation or diagnosis of a smoking-related disease, a decedent must have resided in or been a citizen of Florida to qualify as an Engle class member (Elsa Chacon v. Philip Morris USA Inc., No. 3D16-2330, Fla. App. 3rd Dist., 2018 Fla. App. LEXIS 12792).

  • September 13, 2018

    New York’s Tribal Cigarette Tax Ruling Heads To High Court

    WASHINGTON, D.C. — U.S. Supreme Court intervention is needed to correct a New York appeals court’s decision allowing the state to collect taxes on cigarettes sold on an Indian reservation to nontribal members because the ruling goes against state law and an 1842 treaty, a tribal member with a cigarette sales business tells the high court in a Sept. 4 petition for certiorari (Eric White, et al. v. Barbara D. Underwood, et al., No. 18-297, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 3252).

  • September 12, 2018

    Rare Asbestos-Tobacco Trial Opens In Massachusetts

    BOSTON — A Boston jury on Sept. 7 heard opening arguments in a rare lung cancer trial involving tobacco and asbestos defendants (Louis Summerlin, et al. v. Philip Morris, USA, et al., No. 1581CV05255, Mass. Super., Suffolk Co.). VIDEO OF THE TRIAL AVAILABLE

  • September 11, 2018

    In Retrial, Tobacco Plaintiffs Awarded $250,000 In Noneconomic Damages

    PENSACOLA, Fla. — In a verdict announced Sept. 7 a Florida jury ordered Philip Morris USA Inc. to pay the widow and children of a smoker $250,000 in noneconomic damages, just over one year after an appeals court found that an initial jury award rendered in the case was too low and the result of “adverse passion and prejudice” (Micah Danielson v. Philip Morris USA Inc., No. 2007-CA-002737, Fla. Cir., 1st Jud. Cir.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • September 10, 2018

    Massachusetts Judge: FDA Withheld, Delayed Agency Action On Warning Labels

    BOSTON — In a Sept. 5 grant of summary judgment in favor of the American Academy of Pediatrics (AAP) and other health organizations, a Massachusetts federal judge compelled the U.S. Food and Drug Administration to promulgate a final rule implementing Section 201(a) of the Tobacco Control Act (TCA) (American Academy of Pediatrics, et al. v. United States Food and Drug Administration, No. 1:16-cv-11985, D. Mass., 2018 U.S. Dist. LEXIS 150595).

  • September 7, 2018

    11th Circuit Turns Away Constitutional Challenge To Preclusive Effect Of Engle

    ATLANTA — Pursuant to its holding in Burkhart v. R.J. Reynolds Tobacco Co., the 11th Circuit U.S. Court of Appeals on Sept. 5 rejected assertions by R.J. Reynolds Tobacco Co. and Philip Morris Inc. that their due process rights are violated when courts give preclusive effect to the concealment and conspiracy findings in Engle v. Liggett Grp., Inc. (Cheryl Searcy v. R.J. Reynolds Tobacco Co., et al., No. 13-15258, 11th Cir., 2018 U.S. App. LEXIS 25191).

  • September 7, 2018

    Florida Panel Denies Certiorari, Won’t Review Disqualification Of Firm

    TALLAHASSEE, Fla. — Efforts by a wrongful death plaintiff to overturn a Florida judge’s order disqualifying the Ferraro Firm from further representing her in litigation against Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. were unsuccessful on Sept. 5, when the First District Florida Court of Appeal denied her petition for certiorari (Lue Ethel Russ v. R.J. Reynolds Tobacco Co. et al., No. 1D17-1847, Fla. App., 1st Dist., 2018 Fla. App. LEXIS 12540).

  • September 6, 2018

    Plaintiffs To Maryland Federal Judge: Reject FDA Article III Challenge

    BALTIMORE — In an Aug. 28 memorandum, the American Academy of Pediatrics (AAP), the American Heart Association and others urge a Maryland federal judge to reject claims by the U.S. Food and Drug Administration that the groups lack Article III standing to challenge the “Extension of Certain Tobacco Product Compliance Deadlines Related to the Final Deeming Rule” (American Academy of Pediatrics, et al. v. Food and Drug Administration, et al., No. 8:18-CV-883, D. Md.).

  • August 31, 2018

    Pennsylvania Court Quashes Tobacco Company Appeal Of Asbestos Lawsuit Discovery

    HARRISBURG, Pa. — An order requiring a tobacco company to produce a list of mesothelioma litigation it faced falls short of requiring an immediate review, a Pennsylvania court held Aug. 30 in quashing an appeal (Bernice M. Steiner, et al. v. Hollingsworth & Vose Co., et al., No. 563 EDA 2018, Pa. Super., 2018 Pa. Super. Unpub. LEXIS 3207).

  • August 31, 2018

    Florida Jury Finds For Tobacco Company In Engle Progeny Case

    MIAMI — In an Aug. 21 verdict, a Florida jury rejected allegations that cigarettes manufactured and marketed by R.J. Reynolds Tobacco Co. are responsible for the laryngeal cancer of a 25-year, two-pack-a-day smoker (Barbara Morales v. R.J. Reynolds Tobacco Co., No. 2007-016277-CA-01, Fla. Cir., 11th Jud. Cir., Dade Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • August 30, 2018

    After Mistrial, Plaintiff Prevails In Engle-Progeny Case Against R.J. Reynolds

    FORT LAUDERDALE, Fla. — In two verdicts rendered Aug. 27, a Florida jury awarded the son of a smoker $7.5 million, one year after a mistrial was declared in the case because of contradictory jury instructions (Michael Olson v. R.J. Reynolds Tobacco Co., No. 2008-CA-00396, Fla. 4th Jud. Cir., Duval Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • August 29, 2018

    New York Court Won’t Remove Tobacco Company From Asbestos Litigation

    NEW YORK — Deeming the Maryland appellate ruling in R.J. Reynolds Tobacco Co. v Stidham, 448 Md. 497, 141 A3d 1 (2016), instructive, a New York judge in an opinion posted Aug. 27 rejected efforts by R.J. Reynolds Tobacco Co. to transfer smoking-related allegations by a lung cancer sufferer out of the New York City Asbestos Litigation (NYCAL) docket (Stephen Gabris v. 3M Company et al., No. 190259/2017, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 3623).

  • August 28, 2018

    Jury In U.S. Virgin Islands Sides With Tobacco Plaintiffs, Awards $113 Million

    ST. THOMAS, U.S. Virgin Islands — In what a public health research and advocacy nonprofit organization estimates are among the largest verdicts ever rendered in individual tobacco litigation, two juries empaneled in the U.S. Virgin Islands Superior Court in four separate verdicts issued in August ordered R.J. Reynolds Tobacco Co. to pay the children of two parents $113 million, including a $30 million punitive damage award rendered on Aug. 24 (Jevon Gerald v. R.J. Reynolds Tobacco Co., et al., No. ST-10-CV-631, U.S.V.I., Christian Brown v. R.J. Reynolds Tobacco Co., et al., No. ST-10-CV-692, U.S.V.I. Super.).

  • August 23, 2018

    In MDL Over Cigarette Marketing, Discovery, Deposition Requests Granted

    SANTA FE, N.M. — A New Mexico federal judge overseeing multidistrict litigation over allegations that a cigarette manufacturer and its holding company misled consumers on Aug. 18 ordered the defendants to present a corporate representative for deposition, while also directing plaintiffs to comply with discovery requests in advance of defense depositions (In re:  Santa Fe Natural Tobacco Co. Marketing and Sales Practices and Products Liability Litigation, MDL No. 16-2695, D. Ariz., 2018 U.S. Dist. LEXIS 140453).

  • August 21, 2018

    After Agreeing To Award Punitives, Florida Jury Can’t Decide On Amount

    GAINESVILLE, Fla. — A mistrial was declared in Phase 2 of an Engle progeny case on Aug. 17 by a Florida judge after jurors indicated that they were unable to reach a unanimous verdict on the amount of punitive damages to be awarded to the family of a smoker (Frances Bessent-Dixon v. R.J. Reynolds Tobacco Co., No. 2015-CA-002554, Fla. Cir., Alachua Co., 8th Jud. Dist.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • August 20, 2018

    Montana Supreme Court Rejects Challenge Of Tobacco Tax Initiative

    HELENA, Mont. — Although conceding that a proposed ballot initiative regarding, among other increases, a $2 tax on cigarettes may contain a “mathematical misstatement,” the Montana Supreme Court on Aug. 15 refused to enjoin the state from putting the question to Montana voters this fall (Montanans Against Tax Hikes, et al. v. Corey Stapleton, Montana Secretary of State, et al., No. OP 18-0455, Mont. Sup., 2018 MT 201).

  • August 20, 2018

    Hawaii Federal Judge Bars Pro Se Complaint Against Brown & Williamson

    HONOLULU — A plaintiff previously deemed an “abusive litigant” in Hawaii federal court saw his latest efforts at litigating pro se — this time against Brown & Williamson Tobacco Corp. — thwarted Aug. 16 by a different Hawaii federal judge, who found that the proposed complaint “wholly lacks a cognizable legal theory” (Truman Lee Ketchmark v. Brown & Williamson Tobacco Corporation, No. 18-79, D. Hawaii, 2018 U.S. Dist. LEXIS 138767).