Florida Widow Wins $5.9 Million In Tobacco Wrongful Death Suit
JACKSONVILLE, Fla. - A federal jury in Florida returned a verdict of $5.9 million in compensatory damages April 18 to the widow of a Florida man and against R.J. Reynolds Tobacco Co. (Thelma Aycock v....
View Article$16.8M Tobacco Verdict Is Vacated Over Failure To Prove Engle Membership
TALLAHASSEE, Fla. - A Florida appeals court vacated a $16.8 million tobacco wrongful death verdict and ordered a new trial, saying in a May 10 opinion that the trial judge did not require the plaintiff...
View ArticleTobacco Companies Rely On 'Ersatz Law' In Appeal, Florida Plaintiffs Say
ATLANTA - The case on which tobacco companies base their argument that a landmark Florida decision holding certain conduct to have res judicata effect violates their due process rights, Fayerweather v....
View ArticleTobacco Companies Ask That Supersedeas Bonds Be Subject To State Limits
JACKSONVILLE, Fla. - The nation's three largest tobacco companies on April 23 asked judges presiding over consolidated federal death and injury litigation in Florida stemming from Engle v. Liggett...
View ArticleTobacco Companies Ask Court To Bifurcate Upcoming Trials
JACKSONVILLE, Fla. - As trial approaches for a group of tobacco wrongful death and injury cases, the defendant companies on April 27 asked the Florida federal judges overseeing the cases to bifurcate...
View ArticlePhilip Morris Argues Proposed Deposition Is Precluded By Engle
MIAMI - The preclusive effects of Engle v. Liggett Group, Inc. (945 So. 2d 1246 $(Fla. 2006$)); See October 2007, Page 4), which bars certain defenses by tobacco companies, should also apply to a...
View ArticleTobacco Companies Take Due Process Complaint Back Into Federal Court
JACKSONVILLE, Fla. - In the wake of their failure to persuade the Florida Supreme Court that its landmark decision in Engle v. Liggett Group Inc. (945 So. 2d 1246 $(Fla. 2006$)); See October 2007, Page...
View ArticleCalifornia Appeals Court Affirms $2.9M Fee In Tobacco Ad Dispute
SAN DIEGO - A California appeals court on April 26 affirmed an award of $2.9 million in attorney fees stemming from the state's contention that a national advertisement by R.J. Reynolds Tobacco Co....
View ArticlePennsylvania Won't Take Industry's Payment Offer To Tobacco Settlement
HARRISBURG, Pa. - Pennsylvania will continue to litigate its dispute about whether major tobacco companies are entitled to a reduction in their payments to the state under the 46-state Master...
View ArticleJudge: Res Judicata Bars Wrongful Death Claims Against Nondiverse Tobacco...
KANSAS CITY, Mo. - A Missouri federal judge has denied remand of tobacco wrongful death claims to state court, saying in a May 3 opinion that claims against nondiverse tobacco sellers were prohibited...
View Article2nd Circuit Certifies Tobacco Medical Monitoring To New York Court Of Appeals
NEW YORK - Saying it is unable to predict how state courts would rule, the Second Circuit U.S. Court of Appeals on May 1 certified to the New York Court of Appeals the question of whether medical...
View ArticleJudge: Inmate Failed To Exhaust Remedies To Avoid Prison Smoke
NEWARK, N.J. - A New Jersey federal judge dismissed an inmate's complaint that exposure to secondhand smoke from cellmates jeopardized his health and violated his civil rights, saying in an April 16...
View ArticleSnuff User's Case Dismissed For Lack Of Reliance
GREENVILLE, Miss. - A former snuff user who alleged that tobacco companies misrepresented smokeless tobacco as a safer alternative to cigarettes failed to prove she reasonably relied on those alleged...
View ArticleMaryland Court Affirms Decision Striking Down Local Cigar Ordinance
ANNAPOLIS, Md. - A county ordinance regulating the sale of single cigars conflicts with and is preempted by Maryland law regulating the same conduct, the state's Court of Appeals said in an April 25...
View ArticleCompanies: Restrictions On Discounts, Flavored Tobacco Are Unconstitutional
PROVIDENCE, R.I. - A city's ban on cigarette discount coupons and restrictions on the sale of certain flavored tobacco products violates the companies' First Amendment rights and state law and is...
View ArticleU.S. Supreme Court Won't Weigh Constitutionality Of New Cigarette Warnings
WASHINGTON, D.C. - The U.S. Supreme Court on April 22 declined to resolve an apparent circuit conflict regarding the constitutionality of graphic cigarette warning labels the U.S. Food and Drug...
View ArticleAppeals Court Affirms Dismissal Of Company's Tobacco Tax Complaints
BATON ROUGE, La. - Louisiana's First Circuit Court of Appeal on March 21 affirmed a lower court's finding that the invoice price upon which Louisiana's tobacco excise tax is imposed should be...
View ArticleU.S. Judge: Government's Conduct In Tobacco Sting Was Within The Law
CAMDEN, N.J. - A New Jersey federal judge denied dismissal to defendants who allege that agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lured them into criminal activity by...
View ArticlePhilip Morris Sues New York Retailers Alleging Sales Of Phony Marlboros
BROOKLYN, N.Y. - Saying lower-quality counterfeit Chinese cigarettes damage the reputation of its products, the manufacturer of Marlboro cigarettes has sued 29 groceries and convenience stores,...
View ArticleJudge: Consumer Was Apprised Of Rights In Debt Collection Letter
MILWAUKEE - A federal judge in Wisconsin on May 14 granted a debt collector's motion to dismiss a Fair Debt Collection Practices Act (FDCPA) lawsuit, ruling that a consumer failed to show that a debt...
View Article