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Fla. high court upholds ‘Engle’ findings in smoker case (access required)

Published: March 25, 2013

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The due process rights of tobacco defendants were not violated by the application of jury findings from a landmark class action to an individual claim alleging the wrongful death of a longtime cigarette smoker, the Florida Supreme Court has ruled in answering a certified question from a lower state court.

Benchmarks: Fla. court upholds $15.2M smoker verdict (access required)

By: Pat Murphy
Published: January 9, 2013

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A Florida appeals court has upheld a $15.2 million jury award to the family of a two-pack-a-day smoker who died from lung cancer.

In affirming the judgment last month, the Florida Court of Appeal (1st District) decided that the wrongful death suit against Lorillard Tobacco Company was properly tried as an Engle progeny case.

Benchmarks: ‘Passion and prejudice’ negate $37M smoker award (access required)

By: Pat Murphy
Published: December 14, 2012

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After upholding a $37 million smoker award in June, a Florida appeals court had second thoughts, deciding Wednesday that passion and prejudice so influenced the jury that the only recourse is to grant Philip Morris a new trial on damages.

Benchmarks: Fla. court slashes $16.2M from smoker award (access required)

By: Pat Murphy
Published: December 3, 2012

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A Florida appeals court has overturned a jury’s award of $16.2 million in punitive damages to a now-deceased cigarette smoker, concluding that Philip Morris should have been allowed to present a statute of repose defense to the smoker’s fraud-based conspiracy claim.

Fla. court reinstates $2M ‘Engle’ verdict (access required)

Published: October 22, 2012

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A product liability suit concerning the death of a long-time cigarette smoker was not barred by the state’s four-year statute of limitations, the Florida Court of Appeal has ruled on rehearing.

Out-of-state smoker may be member of ‘Engle’ class (access required)

Published: September 7, 2012

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A smoker who died from lung cancer in his home state of Virginia may have been a member of one of the Florida classes certified for product liability claims against the tobacco industry, the Florida Court of Appeal has ruled in reversing a summary judgment.

Philip Morris must pay smoker $37M (access required)

Published: July 3, 2012

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A long-time cigarette smoker sufficiently showed reliance for the purpose of establishing a tobacco company’s liability for the fraudulent concealment of the health hazards of its products, the Florida Court of Appeal has ruled.

Tobacco companies hit with $75 million verdict (access required)

By: Ruth Sheehan
Published: June 13, 2012

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Johnnie Calloway hadn’t started high school when he and his brother snuck their first cigarettes. At age 59, the cement worker died of heart disease and bladder cancer, still smoking two packs a day.

On May 31, his widow and daughter were awarded $75 million by a Broward County, Fla. jury in the latest of the Engle cases to go to trial.

Court tosses $5M punitive award in first ‘Engle’ case (access required)

Published: May 10, 2012

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A Florida appellate panel has overturned a $5 million award of punitive damages against Philip Morris in the first individual case to go to trial under the state’s court-imposed procedures for product liability suits against cigarette manufacturers.

Fla. court overturns $80 million smoker verdict (access required)

Published: April 11, 2012

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The daughter of a cigarette smoker who died from lung cancer failed to show that she suffered compensatory damages in an amount that would justify a multi-million dollar jury verdict, the Florida Court of Appeal has ruled.

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