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Eleventh Circuit Court of Appeals rejects challenge to constitutionality of giving preclusive effect to Engle findings as to negligence and product liability

On May 18, 2017, in Graham v. R.J. Reynolds Tobacco Company, No. 13-14590, the Eleventh Circuit Court of Appeals affirmed a jury verdict finding the defendant tobacco companies liable on negligence and strict liability counts based on the preclusive effect of Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006) (Engle III). The defendant appellants unsuccessfully argued that giving the Engle findings preclusive effect constituted a due process violation and asked the Eleventh Circuit Court of Appeals to overrule its previous decision to the contrary in Walker v. R.J. Reynolds Tobacco Co., 734 F.3d 1278 (11th Cir. 2013).